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T R O U B L E D C O M P A N Y R E P O R T E R
Thursday, August 7, 2025, Vol. 29, No. 218
Headlines
1993 GREEN: Case Summary & Two Unsecured Creditors
23ANDME HOLDING: Files Corrected Notice of Equity Panel Appointment
3000 EMBER DRIVE: Case Summary & Four Unsecured Creditors
875 CONLEY CV22: Case Summary & Three Unsecured Creditors
925 CONLEY CV22 PLEDGOR: Case Summary & One Unsecured Creditor
925 CONLEY CV22: Case Summary & Four Unsecured Creditors
A.I. BUILDERS: Court OKs Equipment Sale at Auction
ACTION IMPORTS: U.S. Trustee Appoints Creditors' Committee
ADC AND T: Gets Interim OK to Use Cash Collateral Until Aug. 21
AGEMY FAMILY: Seeks to Extend Plan Exclusivity to August 30
ALL AMERICAN: To Sell 2003 Ferrari to Mercedes Benz for $75K
ALL IN PROFITS: Todd Hennings Named Subchapter V Trustee
AMERI-DENT DENTAL: Gets Extension to Access Cash Collateral
ANNALEE DOLLS: Court Extends Cash Collateral Access to Aug. 31
APOGEE BREWING: Case Summary & Nine Unsecured Creditors
APPLIED DNA: Registers 200K More Shares for 2020 Equity Plan
AT HOME GROUP: Recovery for Unsecureds Still to Be Determined
AUXILIARY OPERATIONS: U.S. Trustee Unable to Appoint Committee
AVANT GARDNER: Seeks Ch.11 After Venue Failed to Open 2025 Season
AVENTURA ECO-OFFICES: Voluntary Chapter 11 Case Summary
AXIOM REAL-TIME: SSG Served as Investment Banker in Asset Sale
BASIC WHOLESALE: Taps Thornbladh Legal Group as Bankruptcy Counsel
BEDFORD CAPITAL: Salvatore LaMonica Named Subchapter V Trustee
BHOWMICK LIQUOR: Joli Lofstedt Named Subchapter V Trustee
BOKQUA LLC: Seeks Chapter 11 Bankruptcy in Colorado
BRANDFOX LLC: U.S. Trustee Unable to Appoint Committee
BRIGGS BROTHERS: Case Summary & Three Unsecured Creditors
BRIGHT HORIZON: S&P Rates New $450MM First-Lien Term Loan 'BB+'
BRIGHTLINE TRAINS: Fitch Lowers Rating on $2.2BB Bonds to 'B'
BWY TRANSPORT: Court OKs Interim Use of Cash Collateral
CHICAGO SMILES: Seeks to Hire William J. Factor as Legal Counsel
CHICAGO SPORTS: Court Extends Cash Collateral Access to Aug. 23
CINEMEX HOLDINGS: Court Denies Bid to Appoint Equity Committee
CITIUS PHARMACEUTICALS: Holds 84.3% Equity Stake in Citius Oncology
CLAIRE'S HOLDINGS: Back in Chapter 11 Due to Sales Drop, Tariffs
CLAIRE'S HOLDINGS: Case Summary & 30 Largest Unsecured Creditors
CLAIRE'S HOLDINGS: Closing 700 Stores, All Concessions in U.S.
CLAIRE'S HOLDINGS: Files for Bankruptcy in U.S. and Canada
CME FITNESS: Andrew Layden Named Subchapter V Trustee
COMMSCOPE HOLDING: S&P Places 'CCC+' ICR on CreditWatch Positive
CONFLUENCE CORP: Gets Interim OK to Use Cash Collateral
CRC INSURANCE: Fitch Affirms 'B' LongTerm IDR, Outlook Stable
CREEKSIDE 2019: Claims Will be Paid from Property Sale/Refinance
CRICKET VALLEY: Davis Polk Advised Kiwoom in Out-of-Court Exchange
DARE BIOSCIENCE: Regains Compliance With Nasdaq Equity Rule
DEL MONTE: Dechert Represents Minority Secured Lenders
DENOYER-GEPPERT: Matthew Brash Named Subchapter V Trustee
DFND SECURITY: Mark Sharf Named Subchapter V Trustee
DRIVEHUB AUTO: Gets Final OK to Use Cash Collateral
EL CHILITO MEXICAN: Gets Final OK to Use SBA's Cash Collateral
ENC PARENT: S&P Alters Outlook to Stable, Affirms 'B-' ICR
EVERSTREAM NETWORKS: Court Approves $384.6M Sale to Bluebird Fiber
EXELA TECHNOLOGIES: Advised by Latham & Watkins in XBA Acquisition
EXELA TECHNOLOGIES: Clearly Gottlieb Represents ETI in Chapter 11
FCI SAND: Deadline for Panel Questionnaires Set for Aug. 11
FREEDOM MORTGAGE: S&P Rates $500MM Senior Unsecured Notes 'B'
FTX TRADING: Binance Ex-CEO Wants to Exit from $1.76B Clawback Suit
GENESIS HEALTHCARE: U.S. Trustee Appoints Creditors' Committee
GREATER LIFE: Case Summary & Six Unsecured Creditors
HOWARD MIDSTREAM: S&P Rates New Senior Unsecured Notes 'BB-'
HYPERSCALE DATA: To Raise $100M via Pref. Stock Sale to Ault & Co.
INNOVATE CORP: S&P Downgrades ICR to 'SD' on Distressed Exchange
INTERNATIONAL DIRECTIONAL: U.S. Trustee Unable to Appoint Committee
KIMBERLY-CLARK CORP: Court Dismisses 'Forever Chemicals' Class Suit
KLARVIO LLC: Seeks Subchapter V Bankruptcy in Texas
LBM ACQUISITION: Fitch Alters Outlook on 'B' LongTerm IDR to Neg.
LIFESCAN GLOBAL: Davis Polk & Norton Rose Represent Ad Hoc Group
LINDBLAD EXPEDITIONS: S&P Raises ICR to 'B' on Strong Performance
LOOP MEDIA: $1 Million Agile Loan Accelerated After Payment Default
MADDISON REVOCABLE TRUST: Voluntary Chapter 11 Case Summary
MADDISON REVOCABLE: Tamara Miles Ogier Named Subchapter V Trustee
MARK'S POOL: Unsecureds Will Get 16% of Claims over 5 Years
MARSH TOWN: Unsecured Creditors to be Paid in Full over 3 Years
MAWSON INFRASTRUCTURE: 2025 Shareholder Meeting Set for Oct. 15
MIDTOWN VENTURE: Court to Hold Cash Collateral Hearing Today
MOMENTIVE PERFORMANCE: S&P Raises ICR to 'BB', Outlook Stable
NEXUS BUYER: S&P Downgrades ICR to 'B-' on Debt-Funded Dividend
NIKOPAT & ASSOCIATES: Unsecureds Will Get 100% over 12 Months
PACIFIC RADIO: Seeks Subchapter V Bankruptcy in California
PALMAS ATHLETIC: Case Summary & 12 Unsecured Creditors
PARK VIEW: Updates Unsecured Claims Details; Files Amended Plan
PETSMART LLC: S&P Rates New $2.25BB Senior Secured Notes 'BB-'
PHOENIX ROSE: Unsecureds Will Get 1.84% of Claims over 4 Years
PLZ CORP: S&P Lowers ICR to 'CCC' on Increased Refinancing Risk
POPELINO'S TRANSPORTATION: Unsecureds Will Get 10% over 60 Months
PRIME HEALTHCARE: S&P Alters Outlook to Positive, Affirms 'B-' ICR
RCM LIVING ASSET: Voluntary Chapter 11 Case Summary
RCM LIVING LLC: Voluntary Chapter 11 Case Summary
RESHAPE LIFESCIENCES: Key Proposals Passed; Meeting to Resume Today
RIVERSIDE EXPRESS: Court Extends Cash Collateral Access to Aug. 21
S & W SALES: Cash Collateral Hearing Set for August 13
SCARFE WHISPERS: Gets Interim OK to Use Cash Collateral
SKYLOCK INDUSTRIES: Claims to be Paid from Asset Sale Proceeds
STATE OF FLUX: Seeks to Hire Ryan C. Wood as Bankruptcy Counsel
SVB FINANCIAL: Ordered to Contest Ch. 11 Claims Amid Standing Fight
T-SHACK INC: Claims to be Paid from Rental Income
TRAVEL + LEISURE: S&P Rates New $500MM Senior Secured Notes 'BB-'
UNIVERSAL BIOCARBON: Unsecured Creditors to Split $182K in Plan
UPBOUND GROUP: S&P Rates New $1.1BB Term Loan 'BB-'
USA STAFFING: Affiliate Gets Extension to Access Cash Collateral
USA STAFFING: Gets Final OK to Use Cash Collateral
UST HOLDINGS: S&P Affirms 'BB-' ICR, Outlook Stable
VILLAGE ROADSHOW: Plan Exclusivity Period Extended to November 12
VOLTARELLI PROPERTIES: Hires Steven D. Pertuz as Legal Counsel
VOYAGER DIGITAL: Former Bank Temporarily Avoids Fraud Lawsuit
W.R. GRACE: S&P Assigns 'B-' Rating on Proposed Term Loan B
WEABER INC: Seeks Chapter 11 Bankruptcy in Pennsylvania
WELLMADE FLOOR: Case Summary & 30 Largest Unsecured Creditors
[] Commercial Chapter 11 Filing Rose 78% in July 2025
[] Garnet Capital Closes $35M Bankruptcy Loan Portfolio Sale
[^] Recent Small-Dollar & Individual Chapter 11 Filings
*********
1993 GREEN: Case Summary & Two Unsecured Creditors
--------------------------------------------------
Debtor: 1993 Green Valley Road, LLC
1310 Alma Avenue
#413
Walnut Creek, CA 94596
Business Description: 1993 Green Valley Road, LLC is a single-
asset real estate entity that owns the
property at 1993 Green Valley Road in Alamo,
California, valued at $3.25 million.
Chapter 11 Petition Date: August 4, 2025
Court: United States Bankruptcy Court
Northern District of California
Case No.: 25-41404
Debtor's Counsel: Ruth Auerbach, Esq.
RUTH AUERBACH
236 West Portal Ave., Suite 185
San Francisco, CA 94127
Tel: (415) 722-5596
E-mail: ruth.auerbach.esq@gmail.com
Total Assets: $3,250,000
Total Liabilities: $2,600,000
The petition was signed by Robert L. Telles, Jr., as managing
member.
A full-text copy of the petition, which includes a list of the
Debtor's two unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/GO5V2SI/Susan_1993_Green_Valley_Road_LLC__canbke-25-41404__0001.0.pdf?mcid=tGE4TAMA
23ANDME HOLDING: Files Corrected Notice of Equity Panel Appointment
-------------------------------------------------------------------
Jerry Jensen, Acting U.S. Trustee for Region 13, filed a notice of
appointment of 23andMe Holding Co.'s official committee of equity
holders with corrected member names:
1. Alexander Keoleian
2. Charles Viscito
3. Esopus Creek Value Series Fund LP -Series 'A'
Attn: Andrew Sole
Esopus Creek Advisors, LLC
81 Newtown Lane, #307
East Hampton, NY 11937
(631) 604-5776
4. Farallon Capital Management, LLC
Attn: Sophia Jia
One Maritime Plaza, Suite 2100
San Francisco, CA 94111
(415) 421-2132
5. Jonathan Shiff
6. Kevin Barnes
7. Milestone Vimba Fund, L.P.
Attn: Patrick Conlin
3131 Campus Drive Suite 100
Plymouth, MN 55441
(212) 209-4959
About 23andMe
23andMe Holding Co. is a genetics-led consumer healthcare and
biotechnology company in San Francisco, Calif. Through its
direct-to-consumer genetic testing, 23andMe offers personalized
insights into ancestry, genetic traits, and health risks. The
company has developed a large database of genetic information from
over 15 million customers, enabling it to provide health and
carrier status reports and collaborate on genetic research for drug
development. On the Web: http://www.23andme.com/
On March 23, 2025, 23andMe and 11 affiliated debtors each filed a
voluntary petition for relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Mo. Lead Case No. 25-40976). 23andMe
disclosed $277,422,000 in total assets against $214,702,000 in
total liabilities as of Dec. 31, 2024.
Paul, Weiss, Rifkind, Wharton & Garrison, LLP, Morgan, Lewis &
Bockius, LLP and Carmody MacDonald, PC serve as legal counsel to
the Debtors while Alvarez & Marsal North America, LLC serve as the
restructuring advisor. The Debtors tapped Reevemark, LLC and Scale
Strategy Operations, LLC as communications advisors and Kroll
Restructuring Administration Services, LLC as claims agent.
Lewis Rice LLC, Moelis & Company LLC, and Goodwin Procter LLP serve
as special local counsel, investment banker, and legal advisor to
the Special Committee of 23andMe's Board of Directors,
respectively.
Jerry Jensen, Acting U.S. Trustee for Region 13, appointed an
official committee to represent unsecured creditors in the Debtors'
Chapter 11 cases. The committee tapped Kelley Drye & Warren, LLP
and Stinson, LLP as legal counsel and FTI Consulting, Inc. as
financial advisor.
3000 EMBER DRIVE: Case Summary & Four Unsecured Creditors
---------------------------------------------------------
Debtor: 3000 Ember Drive CV2021 LLC
8 Bond Street, Suite 100
Great Neck, NY 11021
Business Description: 3000 Ember Drive CV2021 LLC is a single-
asset real estate company whose principal
property is located at 3000 Ember Drive,
Decatur, GA 30034, and consists of 276
residential units.
Chapter 11 Petition Date: August 4, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-72989
Judge: Hon. Alan S. Trust
Debtor's Counsel: Heath S. Berger, Esq.
BFSNG LAW GROUP, LLP
6851 Jericho Turnpike, Suite 250
Syosset, NY 11791
Tel: 516-747-1136
E-mail: hberger@bfslawfirm.com
Total Assets: $0
Total Liabilities: $31,905,244
The petition was signed by Matthew R. Florio as manager.
A full-text copy of the petition, which includes a list of the
Debtor's four unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/GSE4JIA/3000_Ember_Drive_CV2021_LLC__nyebke-25-72989__0001.0.pdf?mcid=tGE4TAMA
875 CONLEY CV22: Case Summary & Three Unsecured Creditors
---------------------------------------------------------
Debtor: 875 Conley CV22 LLC
8 Bond Street, Suite 100
Great Neck, NY 11021
Business Description: 875 Conley CV22 LLC is a single-asset real
estate entity whose principal property is
located at 875 Conley Road SE, Atlanta, GA
30354, and comprises 56 residential units.
Chapter 11 Petition Date: August 4, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-72983
Judge: Hon. Louis A Scarcella
Debtor's Counsel: Heath S. Berger, Esq.
BFSNG LAW GROUP, LLP
6851 Jericho Turnpike
Suite 250
Syosset, NY 11791
Tel: 516-747-1136
E-mail: hberger@bfslawfirm.com
Total Assets: $0
Total Liabilities: $7,350,000
Matthew R. Florio signed the petition as manager.
A full-text copy of the petition, which includes a list of the
Debtor's three unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/C3GTU3Q/875_Conley_CV22_LLC__nyebke-25-72983__0001.0.pdf?mcid=tGE4TAMA
925 CONLEY CV22 PLEDGOR: Case Summary & One Unsecured Creditor
--------------------------------------------------------------
Debtor: 925 Conley CV22 Pledgor LLC
8 Bond Street, Suite 100
Great Neck, NY 11021
Business Description: 925 Conley CV22 Pledgor LLC is a real estate
lessor whose principal asset is located at
925 Conley Road SE, Atlanta, GA 30354.
Chapter 11 Petition Date: August 4, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-72985
Judge: Hon. Alan S Trust
Debtor's Counsel: Heath S. Berger, Esq.
BFSNG LAW GROUP, LLP
6851 Jericho Turnpike
Suite 250
Syosset, NY 11791
Tel: 516-747-1136
Email: hberger@bfslawfirm.com
Total Assets: $0
Total Liabilities: $12,975,000
The petition was signed by Matthew R. Florio as manager.
CAF Bridge Borrower AX, LLC c/o CoreVest American Finance Lender
LLC, located at 4 Park Plaza #900, Irvine, CA 92614, was listed as
the Debtor's sole unsecured creditor with a $12.98 million claim.
The creditor is a guarantor or pledgor of a mortgage secured by the
real property at 925 Conley Road SE, Atlanta, GA 30354, consisting
of 96 residential units.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/AK7LXIQ/925_Conley_CV22_Pledgor_LLC__nyebke-25-72985__0001.0.pdf?mcid=tGE4TAMA
925 CONLEY CV22: Case Summary & Four Unsecured Creditors
--------------------------------------------------------
Debtor: 925 Conley CV22 LLC
8 Bond Street, Suite 100
Great Neck, NY 11021
Business Description: 925 Conley CV22 LLC is a single-asset real
estate entity whose principal property is
located at 925 Conley Road SE, Atlanta, GA
30354, and comprises 96 residential units.
Chapter 11 Petition Date: August 4, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-72984
Judge: Hon. Louis A Scarcella
Debtor's Counsel: Heath S. Berger, Esq.
BFSNG LAW GROUP, LLP
6851 Jericho Turnpike
Suite 250
Syosset, NY 11791
Tel: 516-747-1136
E-mail: hberger@bfslawfirm.com
Total Assets: $0
Total Liabilities: $13,099,026
The petition was signed by Matthew R. Flori as manager.
A full-text copy of the petition, which includes a list of the
Debtor's four unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/DROAZ5A/925_Conley_CV22_LLC__nyebke-25-72984__0001.0.pdf?mcid=tGE4TAMA
A.I. BUILDERS: Court OKs Equipment Sale at Auction
--------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of North
Carolina, Raleigh Division, has approved A.I. Builders LLC to sell
personal property, free and clear of liens, claims, and
encumbrances.
The Debtor owns the following Properties:
-- 2 Skyjack 3219 Scissor lifts
-- Lull 644 Telehandler
-- Homesteader enclosed trailer VIN 5HABE0811MN100547
-- Miscellaneous small hand and power tools
The Debtor believes the value of the Property to be at least
$33,000.00 and believes that the highest value that the estate will
receive from the sale of the Property is through public auction.
The Court has authorized the Debtor to sell the Property at
auction.
The Court ordered that the sale shall be conducted at the following
date and time:
August 8, 2025 at 10:00 a.m.
Country Boys Auction Warehouse
1211 W. 5th St.
Washington, NC 27889
All net proceeds from the sale shall be deposited into the Debtor's
counsel's IOLTA Trust Account to hold for distribution pursuant to
the Debtor's Liquidating Plan or as otherwise directed by the Court
through subsequent order.
About A.I. Builders LLC
A.I. Builders, LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-02368) on June 23,
2025, listing under $1 million in both assets and liabilities.
Honorable Bankruptcy Judge David M. Warren handles the case.
The Debtor tapped Bradford Law Offices as counsel.
ACTION IMPORTS: U.S. Trustee Appoints Creditors' Committee
----------------------------------------------------------
The U.S. Trustee for Region 6 appointed an official committee to
represent unsecured creditors in the Chapter 11 case of Action
Imports, LP.
The committee members are:
1. LaserGifts Group, LLC
3250 Tower Rd.
Prescott, AZ 86305
Representative:
Matthew Parsons
matt@camplakecapital.com
2. Bucket Wonders LLC
1145 S. 1680 W.
Orem UT 77840
Representative:
Bonnie Gunderson
bonnie@buckerwonders.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About Action Imports LP
Action Imports, LP is a wholesale distributor based in Grand
Prairie, Texas, offering a broad range of products including candy,
toys, electronics, purses, and collectibles. It serves retail
clients across the United States and provides various merchandising
solutions such as countertop displays, shippers, and gondolas.
Action Imports sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-42025) on June 2,
2025. In its petition, the Debtor reported assets and liabilities
between $1 million and $10 million.
Judge Mark X. Mullin handles the case.
The Debtor is represented by Craig D. Davis, Esq., at Davis, Ermis
& Roberts, PC.
ADC AND T: Gets Interim OK to Use Cash Collateral Until Aug. 21
---------------------------------------------------------------
ADC and T, LLC received interim approval from the U.S. Bankruptcy
Court for the Northern District of Texas to use cash collateral.
The court's interim order authorized the Debtor to use cash
collateral to pay its operating expenses pending the final hearing
on August 21.
The secured lenders that may have pre-bankruptcy liens on
substantially all of the Debtor's assets including cash and
accounts are the U.S. Small Business Administration, Hancock
Whitney Bank, Lease Finance Partners, Inc., First Citizens Bank &
Trust Company, and Canon Financial Services, Inc.
As adequate protection for the diminution in value of their
interests, the secured lenders will be granted replacement liens
and security interests co-extensive with their pre-bankruptcy
liens. These replacement liens are automatically perfected.
In addition, the Debtor was ordered to keep the secured lenders'
collateral insured, pay taxes, and report monthly income to lenders
as further protection.
The bankruptcy court set an August 14 deadline for filing
objections to further use of cash collateral.
First Citizens Bank, as secured lender, is represented by:
Evan A. Moeller, Esq.
Emory C. Powers, Esq.
1221 McKinney, Suite 4400
Houston, TX 77010
Phone: 713-652-5151
Fax: 713-652-5152
evan.moeller@arlaw.com
emory.powers@arlaw.com
About ADC and T LLC
ADC and T LLC, doing business as BIG Game, provides transportation
and logistics services, including hauling operations involving
trucks, trailers, and heavy equipment. The Company operates in
Texas and serves sectors such as construction, aggregates, or
oilfield services.
ADC and T LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Tex. Case No. 25-32569) on July 9, 2025. In its
petition, the Debtor reported estimated assets and liabilities
between $1 million and $10 million each.
The Debtors are represented by:
Joyce W. Lindauer
Joyce W. Lindauer Attorney, PLLC
Tel: 972-503-4033
Email: joyce@joycelindauer.com
AGEMY FAMILY: Seeks to Extend Plan Exclusivity to August 30
-----------------------------------------------------------
Agemy Family Corporation d/b/a Quality Plus Dry Cleaners, asked the
U.S. Bankruptcy Court for the Middle District of Florida to extend
its exclusivity period to file a plan of reorganization to August
30, 2025.
On June 2, the Debtor filed a Motion to Extend Exclusivity Period
to File Plan of Reorganization. On June 13, this Court entered an
Order Granting Debtor's Motion to Extend Exclusivity Period to File
Plan of Reorganization which extended the time to August 1.
Over the past month, Debtor's counsel has been undergoing health
treatments, will continue to receive treatments for several weeks
and has been largely unavailable to assist the Debtor in
formulating a Plan. As a result, Debtor's counsel has communicated
with James Elliott, Esq., to assist him and the Debtor while he is
undergoing treatment.
Accordingly, the Debtor seeks an additional 30 days to allow Mr.
Elliott to familiarize himself with the case and to assist the
undersigned to formulate a Plan of Reorganization and Disclosure
Statement.
About Agemy Family Corporation
Agemy Family Corporation operating as Quality Plus Dry Cleaners,
offers professional dry cleaning, laundry services, and clothing
alterations. They provide same-day service, along with convenient
pickup and delivery options.
Agemy Family Corporation sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-00814) on February 9,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
Bankruptcy Judge Roberta A. Colton handles the case.
The Debtor is represented by:
David W. Steen, Esq.
DAVID W. STEEN, P.A.
P.O. Box 270394
Tampa, FL 33688
Tel: 813-251-3000
E-mail: dwsteen@dsteenpa.com
ALL AMERICAN: To Sell 2003 Ferrari to Mercedes Benz for $75K
------------------------------------------------------------
All American Holdings LLC and its affiliates, Alfred O. Bonati,
Gulf Coast Orthopedic Center Corp., and Gulfview Aviation, seek
permission from the U.S. Bankruptcy Court for the Middle District
of Florida, Tampa Division, to sell Ferrari Vehicle, free and clear
of liens, claims, and encumbrances.
Dr. Bonati owns a number of classic automobiles, one of which is
the 2003 Ferrari VIN # ZFFYT53A630133587. Dr. Bonati has received
an offer from Mercedes Benz of Clearwater to purchase the 2003
Ferrari as is with all faults.
The 2003 Ferrari is encumbered by a lien held by Kathy B. Scott.
The Debtors propose to sell the 2003 Ferrari for $75,000 and to
transfer $60,000 to the Trust account of Scott's counsel Furr and
Cohen, P.A., Scott will release her lien on such vehicle The
balance of the sale price shall be deposited in a separate Debtor
in Possession account or Stichter Riedel trust account and shall be
used by the Debtors to pay insurance premiums on the remaining
automobiles.
Scott has consented to this expedited motion to sell the 2003
Ferrari free and clear of all liens and encumbrances, and agrees to
the entry of an order granting the same.
About All American Holdings LLC
All American Holdings LLC is a limited liability company.
All American Holdings LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-02066) on April
1, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities
between $100,000 and $500,000.
Honorable Bankruptcy Judge Catherine Peek McEwen handles the case.
The Debtor is represented by Harry E. Riedel, Esq. at STICHTER,
RIEDEL, BLAIN & POSTLER, P.A.
ALL IN PROFITS: Todd Hennings Named Subchapter V Trustee
--------------------------------------------------------
The U.S. Trustee for Region 21 appointed Todd Hennings, Esq., at
Macey, Wilensky & Hennings, LLP as Subchapter V trustee for All In
Profits, LLC.
Mr. Hennings will be paid an hourly fee of $450 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Hennings declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Todd E. Hennings, Esq.
Macey, Wilensky & Hennings, LLP
5500 Interstate North Parkway, Suite 435
Sandy Springs, GA 30328
Phone: (404) 584-1222
Email: info@joneswalden.com
About All In Profits
All In Profits, LLC filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-58667) on
August 1, 2025.
AMERI-DENT DENTAL: Gets Extension to Access Cash Collateral
-----------------------------------------------------------
Ameri-Dent Dental Laboratory, LLC received another extension from
the U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division to use cash collateral.
At the hearing held on July 29, the court approved the Debtor's
continued use of cash collateral pending a further hearing on
September 30.
The court's two previous interim orders authorized the Debtor to
utilize cash collateral to pay the amounts expressly authorized by
the court, including payments to the Subchapter V trustee; the
expenses set forth in the budget; and additional amounts subject to
approval by secured creditors.
The interim orders granted Kapitus Servicing, Inc. and other
secured creditors a perfected post-petition lien on the cash
collateral and approved the monthly payments of $500 to Kapitus.
Kapitus, as secured creditor, is represented by:
J. Ryan Yant, Esq.
Carlton Fields, P.A.
P.O. Box 3239
Tampa, FL 33601-3239
(813) 223-7000
ryant@carltonfields.com
About Ameri-Dent Dental Laboratory
Ameri-Dent Dental Laboratory, LLC is a dental laboratory likely
specializing in the manufacturing of dental prosthetics,
appliances, and customized dental products.
Ameri-Dent Dental Laboratory sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-02876) on May 2, 2025. In its petition, the Debtor reported
between $10,000 and $50,000 in assets and between $100,000 and
$500,000 in liabilities.
Judge Catherine Peek McEwen handles the case.
James W. Elliott, Esq., at Mcintyre Thanasides Bringgold, Elliott
Grimaldi Guito, PA is the Debtor's legal counsel.
ANNALEE DOLLS: Court Extends Cash Collateral Access to Aug. 31
--------------------------------------------------------------
Annalee Dolls, LLC received a one-month extension from the U.S.
Bankruptcy Court for the District of New Hampshire to use cash
collateral.
The interim order penned by Judge Kimberly Bacher extended the
Debtor's authority to use cash collateral from July 31 to August 31
and authorized the Debtor to use up to $210,753.90 in cash
collateral to pay the expenses set forth in its budget.
The Debtor projects total operational expenses of $210,753.90 for
August.
As protection for Customers Bank and other lienholders, the Debtor
was ordered to maintain insurance policies, naming lienholders as
mortgagees or loss payees. The Debtor was also ordered to grant the
lienholders replacement liens, with the same priority, validity and
enforceability as their pre-bankruptcy liens.
In addition, Customers Bank must receive $36,949.97 by August 15 as
further protection.
The next hearing is scheduled for August 27. Objections are due by
August 25.
A copy of the interim order is available at https://is.gd/IdsnRt
About Annalee Dolls LLC
Annalee Dolls, LLC is an American company known for its handcrafted
felt dolls that embody holiday themes and whimsical charm. Founded
in 1934, the business has become a staple of collectible Americana,
with its headquarters and flagship store located in Meredith, New
Hampshire. The company continues to attract visitors and collectors
with its nostalgic products and scenic gift shop near Lake
Winnipesaukee.
Annalee Dolls sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D.N.H. Case No. 25-10232) on April 11, 2025. In its
petition, the Debtor reported between $1 million and $10 million in
both assets and liabilities.
Judge Kimberly Bacher handles the case.
The Debtor is represented by:
William S. Gannon, Esq.
William S. Gannon PLLC
Tel: 603-621-0833
bgannon@gannonlawfirm.com
APOGEE BREWING: Case Summary & Nine Unsecured Creditors
-------------------------------------------------------
Debtor: Apogee Brewing, Limited Liability Company
True Anomaly Brewing
2012 Dallas St
Houston TX 77003
Business Description: Apogee Brewing LLC, doing business as True
Anomaly Brewing, operates a craft brewery
and taproom in Houston, Texas. The
Company produces a variety of beers and
specializes in small-batch and barrel-aged
offerings.
Chapter 11 Petition Date: August 4, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Case No.: 25-34497
Debtor's Counsel: Stacey Barnes, Esq.
KEARNEY, MCWILLIAMS & DAVIS, PLLC
55 Waugh #150
Houston TX 77007
Tel: 832-916-2750
E-mail: sbarnes@kmd.law
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Michael Duckworth as manager.
A full-text copy of the petition, which includes a list of the
Debtor's nine unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/7BIJP4A/Apogee_Brewing_Limited_Liability__txsbke-25-34497__0001.0.pdf?mcid=tGE4TAMA
APPLIED DNA: Registers 200K More Shares for 2020 Equity Plan
------------------------------------------------------------
Applied DNA Sciences, Inc. filed a Registration Statement on Form
S-8 with the U.S. Securities and Exchange Commission relating to
the registration of an additional 200,000 shares of common stock,
$0.001 par value per share, for future issuance pursuant to awards
under the 2020 Equity Incentive Plan of Applied DNA Sciences, Inc.
Such additional shares being registered are of the same class as
other securities of the Company for which a Registration Statement
on Form S-8 relating to the same employee benefit plan is
effective.
In accordance with General Instruction E to Form S-8, the contents
of the Company's previous Registration Statements on Form S-8
related to the 2020 Plan (Commission File Nos. 333-249365 and
333-282414), filed on October 7, 2020 and September 30, 2024,
respectively, with the U.S. Securities and Exchange Commission are
incorporated by reference and made part of the Registration
Statement, except as amended or otherwise modified or superseded
hereby.
Effective as of May 22, 2025, the date of the approval by the
Company's stockholders of the amendment of the 2020 Plan, the total
number of shares of Common Stock that may be issued under the 2020
Plan has been increased to 200,500 shares of Common Stock from 500
shares of Common Stock.
The total number of shares of Common Stock issuable under the 2020
Plan gives effect to the reverse stock split of the Company's
outstanding common stock at a ratio of one-for-fifteen shares,
which became effective as of 12:01 a.m. Eastern Time on June 2,
2025.
The Company may be reached through:
Judith Murrah
Chief Executive Officer
Applied DNA Sciences, Inc.
50 Health Sciences Drive
Stony Brook, New York 11790
Telephone: (631) 240-8800
A full-text copy of the Registration Statement is available at:
https://tinyurl.com/y5tbapkr
About Applied DNA Sciences
Applied DNA Sciences -- adnas.com -- is a biotechnology company
developing technologies to produce and detect deoxyribonucleic acid
("DNA"). Using the polymerase chain reaction ("PCR") to enable both
the production and detection of DNA, the Company currently operates
in three primary business markets: (i) the enzymatic manufacture of
synthetic DNA for use in the production of nucleic acid-based
therapeutics and the development and sale of a proprietary RNA
polymerase ("RNAP") for use in the production of mRNA therapeutics;
(ii) the detection of DNA and RNA in molecular diagnostics and
genetic testing services; and (iii) the manufacture and detection
of DNA for industrial supply chain security services.
Melville, NY-based Marcum LLP, the Company's auditor since 2014,
issued a "going concern" qualification in its report dated Dec. 17,
2024, citing that the Company has incurred significant losses and
needs to raise additional funds to meet its obligations and sustain
its operations. These conditions raise substantial doubt about the
Company's ability to continue as a going concern.
As of December 31, 2024, Applied DNA Sciences had $16 million in
total assets, $3.4 million in total liabilities, and $12.5 in total
equity.
AT HOME GROUP: Recovery for Unsecureds Still to Be Determined
-------------------------------------------------------------
At Home Group Inc. and its Debtor Affiliates filed with the U.S.
Bankruptcy Court for the District of Delaware a Disclosure
Statement relating to the Joint Plan of Reorganization dated July
29, 2025.
At Home is a home décor and furnishings brand that offers its
customers a broad assortment of everyday and seasonal products for
any room in the home. At Home's merchandise is sold to its millions
of customers through its approximately 260 large format retail
locations across 40 states and the Company's e-commerce website.
In the months leading up to the Petition Date, the Company engaged
in good faith arm's-length negotiations that included extensive
diligence and meetings with the Ad Hoc Group. As a result of those
negotiations, on June 16, 2025, the Debtors entered into an RSA
with the Ad Hoc Group and other lenders and noteholders that
collectively hold approximately 96% of the Company's first lien
debt, pursuant to which the Debtors are effectuating the
Restructuring Transactions through "prearranged" Chapter 11 Cases.
The key terms of the RSA, which are incorporated into the Plan,
include:
* the Debtors' entry into financing arrangements to provide
funding throughout the duration of these Chapter 11 Cases in the
form of (a) a priming superpriority senior secured debtor-in
possession financing multi-draw term loan (the "DIP Facility")
comprised of a $200 million new money commitment and a $400 million
roll-up of the Pari First Lien Obligations (as defined in the DIP
Orders) and (b) the consensual use of cash collateral;
* the conversion of Allowed Superpriority DIP Claims into 98%
of the Reorganized Common Stock upon emergence from the Chapter 11
Cases subject to dilution by the MIP Shares;
* each Holder of an ABL Facility Claim receiving payment in
full;
* each Holder of an Allowed Secured Claim arising out of its
Allowed First Lien Claim receiving its Pro Rata Share of the First
Lien Equity Distribution comprised of all remaining Reorganized
Common Stock after giving effect to the DIP Equity Conversion
(subject to dilution by the MIP Shares);
* each Holder of an Allowed General Unsecured Claim receiving
its pro rata share of $[●];
* the cancellation of Existing Equity Interests;
* funding for plan distributions in the form of a new, exit
asset-based loan facility to be entered into by the Reorganized
Debtors on the Effective Date; and
* the adoption of the Management Incentive Plan by the New
Board within 90 days of the Effective Date, which will provide up
to 10% of the Reorganized Equity for management and the New Board.
The RSA provides for repayment of each Allowed Superiority DIP
Claim in full with Reorganized Equity in the amount of its pro rata
share of the DIP Equity Conversion (subject to dilution on account
of the MIP Shares). All remaining Reorganized Equity after giving
effect to the DIP Equity Conversion, shall be valued at the
midpoint provided in the Valuation Analysis, distributed pro rata
to holders of Allowed First Lien Claims on account of their Allowed
Secured Claims in respect thereof, and was used to calculate the
projected recoveries with respect to the Allowed Secured Claims
arising out of the Allowed First Lien Claims.6 As discussed further
in Article III.B of Plan, Holders of an Allowed First Lien Claim,
shall have a First Lien Deficiency Claim for the amount remaining
after accounting for the recovery on account of the Allowed Secured
Claim arising out of their Allowed First Lien Claim.
Class 9 consists of General Unsecured Claims. Except to the extent
that a Holder of an Allowed General Unsecured Claim agrees to less
favorable treatment of its Allowed General Unsecured Claim, in full
and final satisfaction, settlement, release, and discharge of each
Allowed General Unsecured Claim, on the Effective Date, each Holder
of any Allowed General Unsecured Claim shall receive its Pro Rata
Share of $[●]; provided that the recovery under the Plan of such
Holder of an Allowed General Unsecured Claim that is also an
Intercompany Note Claim shall be payable to the indenture trustee
and collateral agent for the Cayman Notes for distribution to the
Holders of the Allowed Cayman Notes Claims in accordance with the
documents governing the Cayman Notes only until such Cayman Notes
are repaid in full.
The allowed unsecured claims total $1,375,000,000.00. The
Disclosure Statement still has blanks as to the estimated allowed
amount and percentage recovery for holders of unsecured claims.
The Debtors and the Reorganized Debtors, as applicable, shall fund
distributions under the Plan with: (1) the Debtors' Cash on hand as
of the Effective Date; (2) the proceeds of the Exit ABL Facility;
and (3) the Reorganized Equity. Each distribution and issuance
referred to in the Plan shall be governed by the terms and
conditions set forth in the Plan applicable to such distribution or
issuance and by the terms and conditions of the instruments or
other documents evidencing or relating to such distribution or
issuance, which terms and conditions shall bind each Entity
receiving such distribution or issuance.
A full-text copy of the Disclosure Statement dated July 29, 2025 is
available at https://urlcurt.com/u?l=xCDzri from Omni Agent
Solutions, Inc.
Co-Counsel for the Debtors:
Joseph M. Mulvihill, Esq.
Robert S. Brady, Esq.
Edwin J. Harron, Esq.
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Rodney Square
1000 North King Street
Wilmington, Delaware 19801
Tel: (302) 571-6600
Fax: (302) 571-1253
Email: jmulvihill@ycst.com
rbrady@ycst.com
eharron@ycst.com
Co-Counsel for the Debtors:
Nicole L. Greenblatt, P.C.
Matthew C. Fagen, P.C.
Elizabeth H. Jones, Esq.
KIRKLAND & ELLIS LLP
KIRKLAND & ELLIS INTERNATIONAL LLP
601 Lexington Avenue
New York, New York 10022
Tel: (212) 446-4800
Fax: (212) 446-4900
Email: nicole.greenblatt@kirkland.com
matthew.fagen@kirkland.com
elizabeth.jones@kirkland.com
About At Home Group Inc.
At Home Group Inc. is a home decor and furnishings retailer
offering a wide range of everyday and seasonal products for all
areas of the home. The Company operates 260 large-format stores
across 40 U.S. states and an e-commerce platform. Headquartered in
Coppell, Texas, At Home was founded in 1979 and employs 7,170
people.
On June 16, 2025, At Home announced it entered a Restructuring
Support Agreement (RSA) with certain of its lenders, which will
eliminate substantially all of its long-term debt and provide the
Company with new financial resources to support the business and
position At Home for future success.
To implement the terms of the RSA, At Home and 41 of its
subsidiaries have commenced voluntary Chapter 11 proceedings in
Delaware (Bankr. D. Del. Lead Case No. 25-11120). The proceedings
are pending before Judge J. Kate Stickles.
In connection with this process, At Home is entering into an
agreement for $600 million in debtor-in-possession financing, which
includes a $200 million capital infusion from certain of its
existing lenders and a "roll up" of $400 million of existing senior
secured debt.
The Debtors tapped Kirkland & Ellis LLP as restructuring counsel;
Young Conaway Stargatt & Taylor, LLP, as Delaware restructuring
counsel; AlixPartners LLP as financial advisor; and PJT Partners,
Inc., as investment banker. Omni Agent Solutions, Inc., is the
claims agent.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
AUXILIARY OPERATIONS: U.S. Trustee Unable to Appoint Committee
--------------------------------------------------------------
The U.S. Trustee for Region 10 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Auxiliary Operations Resource, Inc.
About Auxiliary Operations Resource Inc.
Auxiliary Operations Resource Inc., also known as Aux-Ops, is a
warehousing and logistics services provider based in Plainfield,
Indiana. It operates in the transportation and warehousing
industry, primarily providing general warehousing and storage
services as indicated by its NAICS code 493110. The company has
multiple facilities in Indiana and works with various staffing
agencies to support its operations.
Auxiliary Operations Resource sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-03727) on June
2, 2025. In its petition, the Debtor reported between $1 million
and $10 million in assets and liabilities.
Judge James M. Carr handles the case.
The Debtor is represented by Jeffrey M. Hester, Esq., at Hester
Baker Krebs, LLC.
AVANT GARDNER: Seeks Ch.11 After Venue Failed to Open 2025 Season
-----------------------------------------------------------------
Renee Anderson of CBS News reports that Avant Gardner, the company
behind Brooklyn's popular outdoor venue Brooklyn Mirage, filed for
Chapter 11 bankruptcy on Monday, following months of financial
strain and the venue's failure to launch its 2025 season. While the
outdoor Mirage space remains closed, Avant Gardner announced that
its two indoor venues—the Great Hall and the Kings Hall -- will
continue operations throughout the Chapter 11 process, according to
the report.
"The decision to file for Chapter 11 relief follows several months
of financial distress, culminating with Avant Gardner being unable
to open its newly constructed Mirage event space for the 2025
season," the company said in a statement posted to Instagram. It
added that many Mirage events will be moved to the Great Hall or
relocated for the rest of the year.
Brooklyn Mirage was slated to reopen on May 1, 2025 with a
performance by DJ Sara Landry, but the event was abruptly canceled
just hours before showtime due to a missed inspection deadline.
Ticket holders were promised full refunds, according to CBS News.
At the time, Avant Gardner stated: "The venue is show-ready and the
New Mirage has been built to exacting safety, structural,
mechanical, and technical specifications. However, we were not able
to meet the final inspection deadline today."
Despite appointing a new CEO after the setback, the outdoor venue
never resumed operations, the report states.
About Avant Gardner
Avant Gardner is a prominent Brooklyn-based entertainment venue
operator and event promoter that is operating from its principal
location at 140 Stewart Ave in Brooklyn, New York. The company
manages entertainment venues and produces live events, with
operations in the performing arts and entertainment event promotion
sector.
Avant Gardner sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-11443) on August 4, 2025. In its
petition, the Debtor reports estimated assets between $50,000 and
$100,000 and estimated liabilities between $100,000 and $500,000.
The Debtor is represented by Sean Matthew Beach, Esq. at Young,
Conaway, Stargatt & Taylor.
AVENTURA ECO-OFFICES: Voluntary Chapter 11 Case Summary
-------------------------------------------------------
Debtor: Aventura Eco-Offices Property Owner, LLC
175 Fountainbleau Boulevard
Suite 2G1A
Miami, FL 33172
Business Description: Aventura Eco-Offices Property Owner LLC is a
real estate development company focused on
commercial medical office projects. It owns
a 1.63-acre parcel in the Aventura Medical
District in Miami, Florida, where it planned
a seven-story, LEED Gold–certified medical
office building. The Company operates in
the South Florida real estate market.
Chapter 11 Petition Date: August 4, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Case No.: 25-18999
Judge: Hon. Robert A. Mark
Debtor's Counsel: Celi S. Aguilar, Esq.
CSA LAW FIRM
1200 Brickell Avenue, Suite 800
Miami, FL 33131
Tel: (786) 489-3650
E-mail: aguilar@thecsalawfirm.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Marlon S. Gomez as managing member.
A list of the Debtor's 20 largest unsecured creditors was not
provided alongside the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/S6RBGSY/Aventura_Eco-Offices_Property__flsbke-25-18999__0001.0.pdf?mcid=tGE4TAMA
AXIOM REAL-TIME: SSG Served as Investment Banker in Asset Sale
--------------------------------------------------------------
SSG Capital Advisors, LLC served as the investment banker to Axiom
Real-Time Metrics Inc. in the sale of substantially all assets to
Sitero Canada Inc. The sale was effectuated through a
Court-supervised Receivership Proceeding in the Ontario Superior
Court of Justice. The transaction closed in July 2025.
Founded in 2001 and headquartered in the Canadian province of
Ontario, Axiom has delivered powerful, cost-effective eClinical
solutions to small and medium-sized life science companies
worldwide. Axiom's Fusion eClinical Suite, a unified platform with
15+ integrated modules, including EDC, RTSM, CTMS, ePRO, eTMF, and
more, serves as the central hub for clinical trial operations.
Alongside its technology, Axiom provides full-service clinical
support, including data management, biostatistics,
pharmacovigilance, and regulatory compliance. Despite a strong
operating history and differentiated service offering, Axiom faced
macroeconomic pressures, including a decline in new clinical trials
across the life sciences sector. In response, the Company
implemented several initiatives to streamline operations and
preserve liquidity in the face of a changing operating
environment.
In late 2024, SSG was engaged to advise Axiom through this period
of strategic and financial transition. SSG worked closely with
management and stakeholders to pursue a range of options, including
potential sale and financing solutions. As market conditions
evolved and liquidity pressures intensified, SSG executed a highly
expedited sale process under a Canadian Receivership framework.
Leveraging its deep expertise in life sciences, technology, and
special situations, SSG generated significant market engagement and
secured multiple indications of interest for the Company. The
transaction with Sitero preserves Axiom's technology platform,
ensures continuity for its client base, and maximizes value for
stakeholders. The outcome reflects SSG's ability to deliver
cross-border strategic solutions under complex and time-sensitive
circumstances.
Sitero is a global clinical research partner with clinical,
regulatory and safety service lines supporting life sciences and
institutional research organizations in bringing treatments to
market.
Other professionals who worked on the transaction include:
* Bobby Kofman, Jason Knight and Tony Trifunovic of KSV
Restructuring Inc., financial advisor to Axiom's senior secured
creditor and Receiver of the assets, undertakings and properties of
Axiom Real-Time Metrics Inc.;
* Jeffrey Levine and Wal Rostom of McMillan LLP, counsel to
Axiom Real-Time Metrics Inc.;
* Jennifer Stam, Lauren Archibald and Sophie Webb of Norton
Rose Fulbright Canada LLP, counsel to Axiom's senior secured
creditor;
* George Benchetrit and David Im of Chaitons LLP, counsel to
KSV Restructuring Inc.; and
* Stuart Brotman of Fasken Martineau DuMoulin LLP, counsel to
Sitero Canada Inc.
BASIC WHOLESALE: Taps Thornbladh Legal Group as Bankruptcy Counsel
------------------------------------------------------------------
Basic Wholesale Floral Distributors, LLC seeks approval from the
U.S. Bankruptcy Court for the Eastern District of Michigan to hire
the law firm of Thornbladh Legal Group PLLC to handle the
bankruptcy proceedings.
The members of the firm will be compensated at these rates:
Kurt Thornbladh, J.D. $350 per hour
Jennifer Meyer J.D. $250 per hour
Iman Bazzi Paralegal $100 per hour
As disclosed in the court filings, Thornbladh Legal Group is a
"disinterested person" within the meaning of the term as used in 11
USC Sec. 327(a) and as defined at 11 USC Sec. 101(14).
The firm can be reached through:
Kurt Thornbladh, Esq.
Thornbladh Legal Group PLLC
7301 Schaefer Road
Dearborn MI 48126-4195
Telephone: (313) 943 2678
Facsimile: (313) 447 2771
Email: kthornbladh@gmail.com
About Basic Wholesale Floral
Basic Wholesale Floral Distributors, LLC sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D. Mich. Case No.
25-46352) on June 22, 2025, with up to $50,000 in assets and
between $500,001 and $1 million in liabilities.
Judge Mark A. Randon presides over the case.
Kurt Thornbladh, Esq., at Thornbladh Legal Group, PLLC represents
the Debtor as bankruptcy counsel.
BEDFORD CAPITAL: Salvatore LaMonica Named Subchapter V Trustee
--------------------------------------------------------------
The U.S. Trustee for Region 2 appointed Salvatore LaMonica, Esq.,
at LaMonica Herbst & Maniscalco, LLP, as Subchapter V trustee for
Bedford Capital Lofts, LLC.
Mr. LaMonica will be paid an hourly fee of $725 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. LaMonica declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Salvatore LaMonica, Esq.
LaMonica Herbst & Maniscalco, LLP
3305 Jerusalem Avenue, Suite 201
Wantagh, NY 11793
Phone: (516) 826-6500
Email: sl@lhmlawfirm.com
About Bedford Capital Lofts LLC
Bedford Capital Lofts, LLC is a Brooklyn-based single asset real
estate investment company that operates as an investment vehicle
with its principal business address at 1266 36th Street in Brooklyn
and its principal assets located at 2347 Bedford Avenue.
Bedford Capital Lofts sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-43691)
on July 31, 2025. In its petition, the Debtor reported estimated
assets between $500,000 and $1 million and estimated liabilities
between $1 million and $10 million.
Honorable Bankruptcy Judge Elizabeth S. Stong handles the case.
BHOWMICK LIQUOR: Joli Lofstedt Named Subchapter V Trustee
---------------------------------------------------------
The Acting U.S. Trustee for Region 19 appointed Joli Lofstedt,
Esq., as Subchapter V trustee for Bhowmick Liquor, Inc.
Ms. Lofstedt, a practicing attorney in Louisville, Colo., will be
paid an hourly fee of $390 for her services as Subchapter V trustee
and will be reimbursed for work-related expenses incurred.
Ms. Lofstedt declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Joli A. Lofstedt, Esq.
P.O. Box 270561
Louisville, CO 80027
Phone: (303) 476-6915
Fax: (303) 604-2964
Email: joli@jaltrustee.com
About Bhowmick Liquor
Bhowmick Liquor Inc. filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. D. Colo. Case No. 25-14811) on
July 31, 2025, with $500,001 to $1 million in assets and
liabilities.
Judge Kimberley H. Tyson presides over the case.
BOKQUA LLC: Seeks Chapter 11 Bankruptcy in Colorado
---------------------------------------------------
On July 31, 2025, Bokqua LLC filed Chapter 11 protection in
the District of Colorado. According to court filing, the Debtor
reports between $50 million and $100 million in debt owed to 1 and
49 creditors. The petition states funds will be available to
unsecured creditors.
About Bokqua LLC
Bokqua LLC is a real estate investment company that owns and
manages residential properties in the Denver metropolitan area. The
Company operates in association with BVRE, a property management
firm based in Denver, Colorado.
Bokqua LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Col. Case No. 25-14846) on July 31, 2025. In its
petition, the Debtor reports estimated assets between $10 million
and $50 million and estimated liabilities between $50 million and
$100 million.
Honorable Bankruptcy Judge Michael E. Romero handles the case.
The Debtor is represented by Jeffrey S. Brinen, Esq. at KUTNER
BRINEN DICKEY RILEY.
BRANDFOX LLC: U.S. Trustee Unable to Appoint Committee
------------------------------------------------------
The U.S. Trustee for Region 14 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of Brandfox, LLC.
About Brandfox LLC
Brandfox LLC provides third-party logistics and warehousing
services, including eCommerce and retail fulfillment, subscription
box fulfillment, kitting and assembly, reverse logistics, and
freight management. It serves business-to-business and
direct-to-consumer clients.
Brandfox LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Ariz. Case No. 25-06520) on July 17, 2025. In its
petition, the Debtor reported total assets of $2,074,579 and total
liabilities of $5,075,243.
Honorable Bankruptcy Judge Eddward P. Ballinger Jr. handles the
case.
The Debtor's bankruptcy counsel is The Fox Law Corporation. The
Debtor's local counsel is Joseph G. Urtuzuastegui III, Esq., at The
Real Estate Investors Law Firm, LLC.
BRIGGS BROTHERS: Case Summary & Three Unsecured Creditors
---------------------------------------------------------
Debtor: Briggs Brothers Enterprises Corporation
1725 Port Street
New Orleans, LA 70117
Business Description: Briggs Brothers Enterprises Corp. is a
licensed general contractor based in New
Orleans, Louisiana. The Company provides
construction services for highway, street,
bridge, and municipal public works projects,
and has performed work under federal
contracts across multiple states. It is
certified as an SBA 8(a) and HUBZone small
business.
Chapter 11 Petition Date: August 4, 2025
Court: United States Bankruptcy Court
Eastern District of Louisiana
Case No.: 25-11674
Judge: Hon. Meredith S. Grabill
Debtor's Counsel: Derek Russ, Esq.
DEREK T. RUSS
700 Camp Street
New Orleans, LA 70130
Tel: (504) 522-1717
Email: russlawfirmllc@gmail.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Terry Briggs as president.
A copy of the Debtor's list of three unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/7T6MYHQ/Briggs_Brothers_Enterprises_Corporation__laebke-25-11674__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/7UNOEMA/Briggs_Brothers_Enterprises_Corporation__laebke-25-11674__0001.0.pdf?mcid=tGE4TAMA
BRIGHT HORIZON: S&P Rates New $450MM First-Lien Term Loan 'BB+'
---------------------------------------------------------------
S&P Global Ratings assigned its 'BB+' issue-level rating and '2'
recovery rating to Bright Horizon Family Solutions LLC's proposed
$450 million first-lien term loan B maturing in 2032. The '2'
recovery rating indicates its expectation for substantial recovery
(70%-90%; rounded estimate: 80%) recovery in the event of a
default.
The company is issuing the proposed term loan to refinance its
existing $600 million term loan B, which had $500 million
outstanding as of June 30, 2025. The company also plans to use
proceeds from its $900 million revolving credit facility to repay
the remaining loan amount.
S&P said, "Our 'BB' issuer credit rating and stable outlook on
Bright Horizons are also unchanged, which reflects our expectation
that Bright Horizons will continue to increase revenue, generate
solid EBITDA, and decrease S&P Global Ratings-adjusted leverage to
the mid- to high-2x area in the next 12 months."
Issue Ratings--Recovery Analysis
Key analytical factors
-- S&P's simulated default scenario contemplates a default
occurring in 2030 stemming from a deterioration in the company's
operating performance because of lower day care center utilization
rates due to very high unemployment, corporate downsizing, and
reduced employer subsidies.
-- S&P said, "Our simulated default scenario assumes Bright
Horizons reorganizes as a going concern to maximize its lenders'
recovery prospects. We anticipate the company would reorganize
based on its good market position and brand recognition, strong
relationships with its many corporate sponsors, and high level of
accredited child care centers. We also expect continued demand for
quality, convenient, on-site daycare solutions."
-- S&P said, "We used an enterprise valuation approach to assess
recovery prospects and have applied a 6x multiple to our assumed
emergence level EBITDA. The multiple is at the higher end of the
5.0x-6.5x range for business and consumer companies. The 6.0x
multiple is higher than the 5.5x multiple we use for peers
Kindercare Learning Cos. Inc., which reflects Bright Horizons'
stronger competitive position in the employer-sponsored child care
market."
-- S&P's assumption also considers that $765 million of borrowings
will be outstanding under its revolving credit facility by the time
the company defaults, which reflects an 85% utilization of the $900
million commitment.
Simulated default assumptions
-- Simulated year of default: 2030
-- EBITDA at emergence: About $175 million
-- EBITDA multiple: 6x
Simplified waterfall
-- Net enterprise value after 5% administrative costs: About $1
billion
-- Secured first-lien debt claims: About $1.2 billion
--Recovery expectations: 70%-90% (rounded estimate: 80%)
Note: Debt claim amounts include six months of prepetition
interest.
BRIGHTLINE TRAINS: Fitch Lowers Rating on $2.2BB Bonds to 'B'
-------------------------------------------------------------
Fitch Ratings has downgraded Brightline Trains Florida LLC's (OpCo)
$2.219 billion senior secured private activity bonds (PABs) to 'B'
from 'BB+' and placed them on Rating Watch Negative (RWN). Fitch
has also maintained Brightline East LLC's $1.119 billion senior
secured taxable notes rated 'CCC+' on RWN.
RATING RATIONALE
Fitch has downgraded OpCo's debt to 'B' to reflect its weakened
financial profile, with ridership and revenue ramp-up continuing to
lag despite the addition of new train cars to alleviate reported
capacity constraints. There remains a high degree of uncertainty
that increases to capacity will be met with demand that can drive
both higher ridership and fare revenues. The mounting liquidity
pressures and uncertainty over the ramp-up trajectory outweigh the
transaction's mitigants to slower ramp-up, which had included a
10-year interest-only period and substantial reserve accounts that
Fitch previously viewed as strengths to the structure.
The downgrade of OpCo debt is driven by the continuation of
operating cashflow losses that result in faster than expected rapid
depletion of liquidity accounts, leaving very limited protection
before all funds are exhausted. The pace of liquidity erosion has
not slowed, with unrestricted cash reserves and ramp-up reserves
being significantly drawn down to cover ongoing operating deficits
and unanticipated expenses.
Management is pursuing several action plans to enhance reserves
available for operations and debt repayment protection through
additional debt borrowings or third-party equity funding. These
actions cannot be assessed for their beneficial protections to
liquidity balances and the overall capital structure across
multiple Brightline corporate entities with outstanding debt until
these arrangements are effectuated. However, the current profile of
revenues and costs indicate that the project is failing to achieve
breakeven operations with consistency, and therefore, there is a
heightened risk that all available liquidity will be depleted in
the near term.
The distinction in the debt ratings stems from the BLE's
subordinated cash flow rights, narrower coverage margins, and
higher refinancing risk. The BLE's rating reflects the increased
likelihood of cash being trapped at the OpCo level, which limits
available funds for distributions to service BLE debt. While BLE
debt service is currently supported by pre-funded interest and
ramp-up reserves through 2026, Fitch's rating case shows that,
absent a material improvement in operating performance, these
protections will be exhausted, resulting in a heightened risk of
default once the pre-funded period ends. The BLE debt is thus
exposed to a greater likelihood of non-payment, given its position
in the cashflow waterfall and the persistent underperformance of
the project.
For an overview of the credit profiles of Brightline Trains
Florida, LLC and Brightline East, LLC.
ESG - Financial Transparency: A lack of detailed financial
information has restricted Fitch's ability to fully track cash
movements, compounding concerns around liquidity management and
increasing uncertainty regarding the project's financial position.
Failure to provide sufficient information may lead Fitch to
withdraw the rating.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- A continuation of monthly operational cash flow losses absent
implementation of liquidity enhancements by management to offset
these losses;
-Failure by management to provide additional liquidity at the OpCo
level, leading to an inability to meet its near-term operational
and debt service obligations;
- Management's failure to provide additional information in the
coming weeks on cash movements and insufficient information to
assess Brightline's near-term liquidity position.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- The Rating Watch Negatives could be removed and the Outlooks
returned to Stable if management successfully executes plans to
provide additional liquidity at the OpCo level. This would reduce
risks related to meeting upcoming operational cash outflows and
debt service requirements.
- An upgrade of OpCo and BLE ratings is unlikely until the company
addresses its short-term refinancing needs and liquidity concerns.
SECURITY
Senior Debt: Security for the private activity bonds (PABs)
consists of all funds deposited from time to time in project
accounts and a first lien on all collateral, which will include
substantially all assets of the borrower including (a) the
borrower's mortgaged real property interests, (b) substantially all
personal property of the borrower, including rolling stock, project
revenues and project accounts and (c) a pledge of the membership
interests in the borrower by its direct parent.
BLE Debt: Security for the notes consists of a pledge of the
membership interests in BLTF Holdings LLC, the direct owner of the
project owner and all other assets of BLE, including substantially
all personal property of BLE and reserve accounts once funded from
distributions received from the project owner.
ESG Considerations
Brightline Trains Florida LLC has an ESG Relevance Score of '5' for
Financial Transparency due to insufficient information on cash
movements of the project reserve accounts, which has a negative
impact on the credit profile, and is relevant to the ratings in
conjunction with other factors.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Prior
----------- ------ -----
Brightline Trains
Florida LLC
Brightline Trains
Florida LLC/Senior
Secured Notes/1 LT LT B Downgrade BB+
Brightline East LLC
Brightline East
LLC/Senior Secured
Notes/1 LT LT CCC+ Rating Watch Maintained CCC+
BWY TRANSPORT: Court OKs Interim Use of Cash Collateral
-------------------------------------------------------
BWY Transport, Inc. got the green light from the U.S. Bankruptcy
Court for the Eastern District of Tennessee to use cash
collateral.
The court's order authorized the Debtor's interim use of cash
collateral pursuant to its budget pending the final hearing
scheduled for August 14. This authorization is retroactive to July
10 based on the court's earlier oral ruling on that date.
As adequate protection for any diminution in the value of its
collateral, the U.S. Small Business Administration will be granted
replacement liens on the same collateral, with the same validity,
priority and extent as its pre-bankruptcy liens.
In addition, SBA will continue to receive a monthly payment of $731
as further protection.
The court's interim order also granted the Debtor's request to
continue operating under the Independent Sales Agent Agreement,
allowing the Debtor to continue to utilize the services of
Greatwide American Trans-Freight, LLC. The court did not grant any
additional liens in favor of Greatwide.
In addition, the Debtor was authorized to escrow funds for payments
due to Greatwide for
amounts due on pre-bankruptcy promissory notes pending confirmation
of its Chapter 11 plan of reorganization. The amount of
distribution provided to Greatwide, however, will be determined by
the percentage distribution specified in a confirmed plan. The
Debtor is not allowed to make distributions out of said funds to
Greatwide until confirmation of the plan.
The court set an August 12 deadline for filing objections to
further use of cash collateral.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/LOsC2 from PacerMonitor.com.
About BWY Transport
BWY Transport sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Tenn. Case No. 25-11697) on June
30, 2025, listing up to $50,000 in estimated assets and up to $10
million in estimated liabilities.
Judge Nicholas W. Whittenburg handles the case.
W. Thomas Bible, Jr., Esq., at Tom Bible Law serves as the Debtor's
bankruptcy counsel.
CHICAGO SMILES: Seeks to Hire William J. Factor as Legal Counsel
----------------------------------------------------------------
Chicago Smiles, LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of Illinois to hire The Law Office of
William J. Factor, Ltd. as its bankruptcy counsel.
The firm's services include:
a. advising and consulting with the Debtor with respect to its
powers, rights, and duties as a debtor and debtor-in-possession;
b. attending meetings and negotiating with creditors, other
parties in interest, and their respective representatives;
c. advising and consulting with the Debtor on the conduct of
the case, including all the legal and administrative requirements
of operating under chapter 11 of the Bankruptcy Code;
d. taking all necessary action to protect and preserve the
Estate, including but not limited to prosecuting or defending all
motions and proceedings on behalf of the Debtor and the Estate;
e. preparing and filing, or defending, adversary proceedings
or other litigation involving the Debtor or its interests in
property;
f. preparing motions, applications, answers, orders, reports,
and other papers necessary to the administration of the case;
g. preparing and negotiating a plan and disclosure statement
and all related agreements and/or documents, and taking any
necessary action to obtain confirmation of a plan;
h. performing other necessary legal services and providing
other necessary legal advice required by the Debtor in connection
with the case.
The firm will be paid at these hourly rates:
William Factor, Partner $450
Lars Peterson, Partner $400
Alex Whitt, Associate $350
Samuel Rodgers, Paralegal $150
Danielle Mesikapp, Paralegal $150
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $25,000 from Debtor.
Mr. Factor disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
William J. Factor, Esq.
The Law Office of William J. Factor, Ltd.
105 W. Madison Street, Suite 2300
Chicago, IL 60602
Telephone: (312) 878-0969
Facsimile: (847) 574-8233
Email: wfactor@wfactorlaw.com
About Chicago Smiles LLC
Chicago Smiles, LLC provides a range of dental services, including
cosmetic, implant, and restorative dentistry. The practice offers
treatments such as teeth whitening, veneers, crowns and bridges,
dental implants, Invisalign, root canal therapy, and dentures.
Located in Chicago, the clinic supports new patients with education
on oral health, pain management, and various dental care options.
Chicago Smiles sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Ill. Case No. 25-07740) on
May 21, 2025. In its petition, the Debtor reported estimated assets
between $500,000 and $1 million and estimated liabilities between
$1 million and $10 million.
Judge Donald R. Cassling handles the case.
The Debtor is represented by William Factor, Esq., at The Law
Office of William J. Factor, Ltd.
CHICAGO SPORTS: Court Extends Cash Collateral Access to Aug. 23
---------------------------------------------------------------
Chicago Sports and Entertainment Group, Inc. received a one-month
extension from the U.S. Bankruptcy Court for the Northern District
of Illinois to use cash collateral.
The court's order authorized the Debtor's interim use of cash
collateral for the period from July 23 to August 23 to pay the
expenses set forth in its budget, with a 10% variance allowed.
In return for the Debtor's continued use of its cash collateral,
Platinum Bank will be provided with adequate protection in the form
of a replacement lien on the Debtor's assets including cash,
equipment, accounts and inventory; insurance coverage; and payment
of $17,000.
The Debtor is not allowed to pay the expenses of Chicago Sports and
Entertainment Group Highland Park, Inc. or any other party from the
cash collateral. A violation of this order will result in the
dismissal of the Debtor's Chapter 11 case, with a bar to refiling.
The next hearing is scheduled for August 26.
About Chicago Sports and Entertainment
Chicago Sports and Entertainment Group, Inc. filed a petition under
Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. N.D. Ill.
Case No. 25-09337) on June 19, 2025, with up to $50,000 in assets
and between $500,001 and $1 million in liabilities. Janice Seyedin
serves as Subchapter V trustee.
Judge Jacqueline P. Cox presides over the case.
John H. Redfield, Esq., at the Law Offices of Crane, Simon, Clar &
Goodman represents the Debtor as bankruptcy counsel.
CINEMEX HOLDINGS: Court Denies Bid to Appoint Equity Committee
--------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Florida
denied a motion filed by MN Theaters 2006, LLC to appoint an
official committee of unsecured creditors in the Chapter 11 cases
of Cinemex Holdings USA, Inc. and its affiliates.
The bankruptcy court denied the creditor's request "without
prejudice."
The court will issue a memorandum opinion formalizing the reasons
for denying the motion.
In its motion filed on July 22, MN Theaters asked for the
appointment of a creditors' committee that will initiate any
serious investigation into issues that may affect unsecured
creditors.
MN Theaters said only a creditors' committee could investigate the
companies' alleged $50 million debt to Wine and Roses S.A. de C.V.
because that debt may be recharacterized as equity. The creditor
also questioned the companies' eligibility for Subchapter V.
Cinemex opposed the motion, arguing MN Theaters raised weak
arguments, each of which "lacks legal and factual merit."
About Cinemex Holdings USA
Cinemex Holdings USA, Inc. is a holding company for cinema
operations including CMX Cinema.
Cinemex Holdings and its affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-17559) on
June 30, 2025. In its petition, Cinemex Holdings disclosed under
$50,000 in both assets and liabilities.
Judge Laurel M. Isicoff handles the cases.
The Debtors tapped Quinn Emanuel Urquhart & Sullivan LLP as counsel
and GlassRatner Advisory & Capital Group LLC as financial advisor.
CITIUS PHARMACEUTICALS: Holds 84.3% Equity Stake in Citius Oncology
-------------------------------------------------------------------
Citius Pharmaceuticals, Inc. disclosed in a Schedule 13D (Amendment
No. 1) filed with the U.S. Securities and Exchange Commission that
as of July 17, 2025, it beneficially owns 66,049,615 shares of
Citius Oncology, Inc.'s common stock, $0.0001 par value per share,
representing approximately 84.3% of the 78,370,402 shares of common
stock outstanding as of that date. On July 17, 2025, the Citius
Oncology sold and issued 6,818,182 shares of its common stock in a
public offering.
Citius Oncology, Inc. may be reached through:
Alexander M. Donaldson, Esq.
Wyrick Robbins Yates & Ponton LLP
4101 Lake Boone Trail, Suite 300
Raleigh, NC 27607
A full-text copy of Citius Pharmaceuticals' SEC report is available
at:
https://tinyurl.com/bdc9vdwh
About Citius Pharmaceuticals
Headquartered in Cranford, N.J., Citius Pharmaceuticals, Inc., is a
biopharmaceutical company dedicated to the development and
commercialization of first-in-class critical care products. The
Company's goal generally is to achieve leading market positions by
providing therapeutic products that address unmet medical needs yet
have a lower development risk than usually is associated with new
chemical entities. New formulations of previously approved drugs
with substantial existing safety and efficacy data are a core
focus. The Company seeks to reduce development and clinical risks
associated with drug development yet still focus on innovative
applications.
Boston, Massachusetts-based Wolf & Company, P.C., the Company's
auditor since 2014, issued a "going concern" qualification in its
report dated Dec. 27, 2024, citing that the Company has suffered
recurring losses and has a working capital deficit as of Sept. 30,
2024. These conditions raise substantial doubt about the Company's
ability to continue as a going concern.
CLAIRE'S HOLDINGS: Back in Chapter 11 Due to Sales Drop, Tariffs
----------------------------------------------------------------
Claire's Holdings Inc. returned to Chapter 11 bankruptcy, saying
that its strategy to expand the Company's physical locations beyond
its core brand identity and business did not comprehensively offset
the decline in in-person shopping, the rise of e-commerce across
the board, increased costs, first from labor and other inflation,
and then from tariffs.
Claire's emerged from its prior prearranged chapter 11 cases in
2018 with a reorganized balance sheet that eliminated $1.9 billion
of funded debt, a right-sized lease portfolio commensurate with the
2018 retail environment, and a business that was poised to succeed
in a highly competitive retail environment.
Chris Cramer, who joined the Company's leadership team in 2023 and
was named as CEO in June 2024, said in court filings that while
Claire's experienced a slump in sales during the initial three
months of the COVID-19 pandemic, Claire's was well positioned to
capitalize on pent-up demand when it reopened the majority of its
stores in May 2020, as state and local governments began to ease
COVID-19 related restrictions.
Claire's experienced a continued period of growth during the
retail-industry wide boom during 2021, and, indicative of Claire's
strengthening brand presence, Claire's expanded its "C-Club"
loyalty program in the United States from approximately 5.6 million
members to over 8 million members. Claire's also amplified its
online store presence, posting increased e-commerce sales.
Claire's filed for an initial public offering on September 29,
2021, to drive further long-term growth in revenue and earnings.
Claire's performance continued to increase through the fourth
quarter of 2021, culminating in a record-breaking 2021 holiday
season for Claire's.
Industry-Wide Move Towards E-Commerce
According to Mr. Cramer, COVID-19 upended the retail industry and
resulted in long-term shifts in consumer behavior. Customer
purchase volumes and mall foot-traffic decreased and demand
shifted, as consumers shifted to retailers focused on e-commerce
methods of product delivery as the pent-up in-store demand
generated by COVID-19 dissipated.
But the Company's business was not conducive to a large-scale
transition to e-commerce for the long-run. The majority of the
Company's customers are young individuals who do not themselves
have access to funds, credit cards, or the ability to shop online.
The Company is also smaller and offers more specialized products
than most e-commerce competitors, and accordingly did not possess
the scale to invest heavily in e-commerce capabilities that could
support a broad transition from brick-and-mortar to online retail.
The Company also invested in its concessions business to showcase
and sell its products in the stores of other retailers with heavy
foot traffic. Indeed, the Company grew its concessions business
with prominent retailers like Walmart, CVS and Kohl's to more than
20,000 partner locations. But poor inventory management practices
and systems and challenges with inventory shrinkage made it
difficult for the Company's concession business to generate a
financial return due to lost sales and customers.
Increased Competition
The piercing market, which Claire's had dominated year over year,
also became increasingly more competitive. Specialty retailers
that offered ear-piercing services, like Lovisa, Rowan, and Studs
emerged with, in the aggregate, hundreds of locations across the
United States, while other retailers, like Ulta and Five Below,
introduced in-store ear piercing services.
In addition, Claire's was slow to move into beauty and skincare
products, missing out on share of customer wallet for such
products, as competitors such as Lovisa, SHEIN, Five Below, Ulta,
and Temu experienced their own rapid growth in this time period.
Pricing and Inventory and Systems Issues
The Company pursued several initiatives in an attempt to combat
inflationary pressure, increased freight costs, and a period of
high interest rates, that increased the Company's costs and lowered
the Company's margins.
The Company undertook a price adjustment strategy in 2021 to
increase the prices of its merchandise and improve its margins.
But the price adjustments did not have the revenue boosting effect
that the Company had hoped. Instead, the Company's prices became
less competitive, damaged the Company’s value perception with
consumers, and led to a decrease in customers and sales.
The Company also focused on stocking its shelves with more "core
products" that are usable and wearable year-round, as opposed to
trendy or seasonal merchandise. This, too, did not have the
anticipated result on the Company's bottom line, as the Company was
left stocked with too many products that did not feel relevant to
consumers.
Tariffs Lead to Higher Costs
The Company relies heavily on foreign suppliers. Indeed, between
November 2024 and April 2025, the Company purchased 70% of its
inventory from suppliers located outside of the United States,
including, among others, 56% from mainland China, 8% from Vietnam,
and 3% from Thailand. As a result, the Company has been
significantly impacted by the implementation of sweeping tariffs on
imported goods in April 2025, which led to higher projected costs
and uncertainty in inventory pricing.
Specifically, on April 2, 2025, a cumulative 145% tariff on
imported Chinese goods took effect, as did a 46% tariff on imported
Vietnamese goods and a 35% tariff on imported Thai goods. The
Company estimated that its cost of goods sold ("COGS") were
projected to increase by $30 million (as of June 23, 2025) as a
result of increased tariffs, as compared to the baseline tariffs in
effect prior to April 2, 2025, despite tariffs declining to
approximately 55% for China and 10% for each of Vietnam and
Thailand by mid-June 2025.
The Company could not raise prices to comprehensively mitigate the
effects of tariffs on the Company's COGS. Raising prices in 2021
and 2022 contributed to declining customer base and declining same
store sales. The Company evaluated and engaged in numerous
tariff-mitigation initiatives including, among other things, (a)
adjusting the Company's promotional calendar to lean less into "buy
three get three" sale promotions, (b) testing price increases
across the chain, (c) reassessing its inventory receipt plan for
the year and holding back certain orders to identify opportunities
to adjust inventory for the latter part of 2025, (d) implementing
certain selling, general, and administrative and operating
expenditures cuts, and (e) implementing a large reduction in force
in March 2025. Ultimately, the Company saw a significant and
unforeseen decline in same store sales, contributing to the need to
commence Chapter 11 Cases.
Turnaround Plan
The Company began working on efforts to address its challenges,
including via a "Same-Store Sales" or "SSS" turnaround, in November
2023. Beginning in December 2023, the Company engaged McKinsey &
Company as consultants to assist the Company in developing its
turnaround efforts, including identifying areas for improvement,
including to inventory management practices and systems, pricing,
non-merchandise procurement, vendor terms, key performance
indicators, and reporting.
When Chris Cramer assumed the title of CEO in June 2024, he
implemented additional structure to the process of developing and
implementing a comprehensive turnaround plan focused on improving
all areas of the Company's business.
Over the year preceding the Petition Date, the Company analyzed its
retail channels and exited a substantial number of its unviable
concessions locations to focus on core partners, reducing the
Company's concessions footprint from approximately 20,000 locations
to approximately 9,000. The Company renegotiated contracts with
the remaining concessions partners, enabling the concessions
channel to potentially deliver an acceptable financial return. The
Company raised incremental financing in the form of the $50 million
Priority Term Loan Facility in September 2024 to fund the Company's
turnaround efforts and working capital needs. The Priority Term
Loan Facility was subsequently upsized by an additional $50 million
in February 2025. While Claire's was confident that the Turnaround
Plan would position Claire's for future success, implementing a
turnaround takes time.
Despite green shoots in the business as a result of the Turnaround
Plan, the Company simply ran out of time. Accordingly, the Company
sought Chapter 11 bankruptcy.
About Claire's Holdings
Claire's Holdings LLC is a fully integrated, global fashion brand
powerhouse committed to inspiring self-expression through the
creation and delivery of exclusive, well-curated products and
experiences. Through its global brands, Claire's and Icing, the
company delivers an immersive, omnichannel shopping experience with
owned and concession stores throughout North America and Europe as
well as around the world. On the Web: http://www.claires.com/
On August 6, 2025, Claire's Holdings LLC and certain of its U.S.
and Gibraltar-based subsidiaries, the operator of Claire's and
ICING stores globally, commenced Chapter 11 proceedings in the
United States Bankruptcy Court in the District of Delaware. The
cases are pending before the Honorable Judge Brendan L. Shannon and
the Debtors have requested joint administration (Bankr. D. Del.
Lead Case No. 25-11454).
In parallel, Claire's Canadian subsidiary commenced a proceeding in
the Ontario Superior Court of Justice (Commercial Division) under
the Companies' Creditors Arrangement Act (the "CCAA") to monetize
the Company's Canadian assets under the protections offered by the
CCAA. KSV Restructuring Inc. is the monitor in the CCAA case.
Claire's and ICING locations outside of North America are not
included in the Chapter 11 or CCAA proceedings.
Claire's listed $1 billion to $10 billion in assets and
liabilities.
Kirkland & Ellis LLP is serving as legal counsel to Claire's.
Houlihan Lokey is serving as investment banker, and Alvarez &
Marsal is serving as restructuring advisor. Osler, Hoskin &
Harcourt LLP is serving as Canadian legal counsel to Claire's.
Omni Agent Solutions LLC is the claims agent.
CLAIRE'S HOLDINGS: Case Summary & 30 Largest Unsecured Creditors
----------------------------------------------------------------
Lead Debtor: Claire's Holdings LLC
2400 West Central Road
Hoffman Estates, IL 60192
Business Description: The Debtors and their non-Debtor affiliates
are a specialty retailer of jewelry,
accessories and provider of ear-piercing
services, operating approximately 2,300
stores in North America and Europe --
including standalone Claire's outlets,
Claire's "Store‐in‐Store" locations
within
Walmart and Icing stores -- alongside about
9,000 concessions and some 230 franchised
outlets primarily in the Middle East and
South Africa.
Chapter 11 Petition Date: August 6, 2025
Court: United States Bankruptcy Court
District of Delaware
Fourteen affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Claire's Holdings LLC (Lead Case) 25-11454
Claire's Stores, Inc. 25-11462
Claire's Puerto Rico Corp. 25-11461
Claire's Boutiques, Inc. 25-11458
Claire's Canada Corp. 25-11459
Claire's Swiss Holdings LLC 25-11464
CSI Canada LLC 25-11467
Claire's Swiss Holdings II LLC 25-11463
CBI Distributing Corp. 25-11456
Claire's (Gibraltar) Holdings Limited 25-11457
CLSIP Holdings LLC 25-11465
BMS Distributing Corp. 25-11455
Claire's Intellectual LLC 25-11460
CLSIP LLC 25-11466
Debtors'
Bankruptcy
Counsel: Joshua A. Sussberg, P.C.
Allyson B. Smith, Esq.
KIRKLAND & ELLIS LLP
KIRKLAND & ELLIS INTERNATIONAL LLP
601 Lexington Avenue
New York, New York 10022
Tel: (212) 446-4800
Fax: (212) 446-4900
Email: joshua.sussberg@kirkland.com
allyson.smith@kirkland.com
AND
Alexandra F. Schwarzman, P.C.
Robert A. Jacobson, Esq.
333 West Wolf Point Plaza
Chicago, Illinois 60654
Tel: (312) 862-2000
Fax: (312) 862-2200
Email: alexandra.schwarzman@kirkland.com
rob.jacobson@kirkland.com
Debtors'
Local
Bankruptcy
Counsel: Zachary I. Shapiro, Esq.
Daniel J. DeFranceschi, Esq.
Paul N. Heath, Esq.
Clint M. Carlisle, Esq.
Colin A. Meehan, Esq.
RICHARDS, LAYRON & FINGER, P.A.
One Rodney Square
920 N. King Street
Wilmington Delaware 19801
Tel: (302) 651-7700
Fax: (302) 651-7701
Email: shapiro@rlf.com
defranceschi@rlf.com
heath@rlf.com
carlisle@rlf.com
meehan@rlf.com
Debtors'
Investment
Banker: HOULIHAN LOKEY, INC.
Debtors'
Financial
Advisor: ALVAREZ & MARSAL NORTH AMERICA, LLC
Debtors'
Claims &
Noticing
Agent: OMNI AGENT SOLUTIONS, INC.
Estimated Assets
(on a consolidated basis): $1 billion to $10 billion
Estimated Liabilities
(on a consolidated basis): $1 billion to $10 billion
The petitions were signed by Chris Cramer as authorized signatory.
A full-text copy of the Lead Debtor's petition is available for
free on PacerMonitor at:
https://www.pacermonitor.com/view/KCYZLSI/Claires_Holdings_LLC__debke-25-11454__0001.0.pdf?mcid=tGE4TAMA
Consolidated List of Debtors' 30 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Studex Corp. Trade Payable $10,806,821
521 W Rosecrans Ave
Gardena, CA 90248
United States
Jody Nicholas
Director
Email: jody@clinicalhealthusa.com
Phone: 310-993-6941
2. Premium Retail Services LLC Trade Payable $1,643,391
618 Spirit Drive
Chesterfield, MO 63005
United States
Mr. Ron Travers
Chief Executive Officer
Email: rtravers@premiumretail.com
Phone: 800.800.7318
3. Inspired Thinking Trade Payable $1,205,601
171 N Aberdeen St
Suite 400
Chicago, IL 60607
United States
Andrew Swinand
Chief Executive Officer
Email: andrewswinand@inspiredthinking.group
Phone: (312) 620-1454
4. Workday, Inc. Trade Payable $1,142,084
6110 Stoneridge Mall Road
Pleasanton, CA 94588
United States
Carl Eschenbach
Chief Executive Officer
Email: carl.eschenbach@workday.com
Phone: (925) 951-9000
5. Simon Property Group LP Rent Payable $931,934
225 West Washington Street
Indianapolis, IN 46204
United States
David Simon
Chief Executive Officer
Email: david.simon@simon.com
Phone: 1 (317) 636-1600
6. Microsoft Corporation Trade Payable $890,874
One Microsoft Way
Redmond, WA 98052
United States
Satya Nadella
Chief Executive Officer
Email: satyan@microsoft.com
Phone: (888) 725-1047
7. Walmart Inc Rent Payable $857,250
702 S.W. 8th St
Bentonville, AR 72716
United States
Carl Douglas Mcmillon
Chief Executive Officer
Email: doug.mcmillon@walmart.com
Phone: (479) 273-4000
8. Accellor Inc. Trade Payable $605,002
42808 Christy St
#216
Fremont, CA 94538
United States
Pallaw Sharma
Chief Executive Officer
Phone: (510) 509-9934
9. Exegistics, Inc Trade Payable $577,271
3710 River Road
Suite 100
Franklin Park, IL 60131
United States
Stephen Olds
President
Email: stephen.olds@exegistics.com
Phone: (847) 353-3810
10. The Benmoore Const. Group Trade Payable $525,468
87 Old River Street
Hackensack, NJ 07601
United States
Jeffrey Pittel
Chief Executive Officer
Email: jeffp@benmooreconstruction.com
Phone: (201) 489-4466
11. Google Inc Trade Payable $525,187
1600 Amphitheatre Parkway
Mountain View, CA 94043
United States
Sundar Pichai
Chief Executive Officer
Email: sundar@google.com
Phone: (650) 253-0000
12. The Retail Property Trust Rent Payable $508,082
225 West Washington Street
Indianapolis, IN 46204
United States
David Simon
Chief Executive Officer
Email: david.simon@simon.com
Phone: 1 (317) 636-1600
13. Optiv Security Inc. Trade Payable $468,070
1144 15th St. Ste 2900
Denver, CO 80202
United States
Kevin Lynch
Chief Executive Officer
Email: kevin.lynch@optiv.com
Phone: (800) 574-0896
14. Algonomy Software Trade Payable $455,496
40/4 Lavelle Road
Bangalore, 560001
India
Atul Jalan
Chief Executive Officer
Email: atul.jalan@algonomy.com
Phone: 91 80 6717 1602
15. Premium Outlet Partners, LP Rent Payable $413,146
60 Columbia Road
Building B
Morristown, NJ 07960
United States
David Simon
Chief Executive Officer
Email: david.simon@simon.com
Phone: 1 (317) 636-1600
16. The Creme Shop Trade Payable $409,500
819 South Gladys Avenue
Los Angeles, CA 90021
United States
Olive Kim
Chief Executive Officer
Email: olive.kim@thecremeshop.com
Phone: (213) 688-0066
17. Aurora World Inc. Trade Payable $380,830
8820 Mercury Ln
Pico Rivera, CA 90660
United States
Henry Gweon
Chief Executive Officer
Email: henry@auroragift.com
Phone: (888) 287-6722
18. Heritage Candy Company, Inc. Trade Payable $376,935
6923 Woodley Ave.
Van Nuys, CA 91406
United States
David Kolinsky
President
Email: david@heritagecandy.com
Phone: (818) 780-9600
19. Brookfield Property Partners L.P. Rent Payable $370,959
Brookfield Place New York
250 Vesey Street
15th Floor
New York, NY 10281
United States
Bruce Flatt
Chief Executive Officer
Email: b.flatt@brookfield.com
Phone: 212-417-7000
20. The Macerich Company Rent Payable $355,856
401 Wilshire Boulevard
Suite 700
Santa Monica, CA 90401
United States
Jackson Hsieh
President And Chief Executive Officer
Email: jackson.hsieh@macerich.com
Phone: (310) 394-6000
21. Lennox Industries,Inc. Trade Payable $352,947
2140 Lake Park Blvd.
Richardson, TX 75080
United States
Alok Maskara
Chief Executive Officer
Email: alok.maskara@lennox.com
Phone: (972) 497-5000
22. Grant Thornton LLP Trade Payable $347,920
171 N Clark St.
Suite 200
Chicago, IL 60601
United States
Ron Messenger
Chief Executive Officer
Email: ron.messenger@us.gt.com
Phone: (312) 856-0200
23. Ovative Group, LLC Trade Payable $339,662
224 N Desplaines St
#200
Chicago, IL 60661
United States
Dale Nitschke
Chief Executive Officer
Email: dale.nitschke@ovative.com
Phone: (612) 886-1010
24. UPS Supply Chain Solutions Inc Trade Payable $336,703
12380 Morris Road
Alpharetta, GA 30005
United States
Carol B. Tome
Chief Executive Officer
Email: ctome@ups.com
Phone: 1-800-742-5727
25. Centric Beauty LLC Trade Payable $332,255
350 Fifth Ave
New York, NY 10118
United States
Jason Rabin
Chief Executive Officer
Email: jrabin@centricbrands.com
Phone: (646) 582-6000
26. Tanger Properties Limited Rent Payable $313,755
3200 Northline Avenue
Suite 360
Greensboro, NC 27408
United States
Stephen Yalof
President And Chief Executive Officer
Email: sy@tanger.com
Phone: 336.292.3010
27. Frontstreet Facility Solutions Trade Payable $292,702
4170 Veterans Memorial Highway
Bohemia, NY 11716
United States
Thomas J. Hutzel
Chief Executive Officer
Email: thutzel@frontstreetfs.com
Phone: (631) 750-4000
28. United Techno Solutions Inc. Trade Payable $281,192
4900 Hopyard Rd.
Ste 100
Pleasanton, CA 94588
United States
Moorthy Subbiah
Chief Executive Officer
Email: thandav@unitedtechno.com
Phone: (650) 720-5714
29. BPR-FF LLC Rent Payable $264,453
Brookfield Place New York
250 Vesey Street
15th Floor
New York, NY 10281
United States
Bruce Flatt
Chief Executive Officer
Email: b.flatt@brookfield.com
Phone: 212-417-700
30. Kojac Fashion Accessories Ltd Trade Payable Undetermined
Fora Spitalfields
42-46 Princelet Street
London, E1 5LP
United Kingdom
Sam Malde
Chief Executive Officer
Email: sam@kojac.co.uk
Phone: 44 0207 612 0736
CLAIRE'S HOLDINGS: Closing 700 Stores, All Concessions in U.S.
--------------------------------------------------------------
Claire's Holdings returned to Chapter 11 bankruptcy, saying that it
is planning to close 700 of 1,335 underperforming store locations
in the U.S., and all of its concession locations at retailers in
North America.
Claire's has also signed a fee-for-service agency agreement with
Hilco Merchant Resources, LLC to liquidate all or a portion of the
United States and U.S. territory stores in the event a
going-concern transaction for its stores is not achievable.
Chris Cramer, who joined the Company's leadership team in 2023 and
was named as CEO in June 2024, said in U.S. court filings that the
Company operates:
(a) 2,300 brick-and-mortar stores, consisting of:
(i) 1,970 Claire's stores located in 17 countries
throughout North America and Europe,
(ii) approximately 210 Claire's "Store-in-Store"
("SiS") locations inside Walmart stores in
North America, and
(iii) 120 Icing stores in North America, and
(b) around 9,000 "concessions" locations throughout North
America and Europe. In addition, Claire's franchisees
operate 230 franchised stores, primarily located in the
Middle East and South Africa.
Globally, the Company has around 13,000 employees. As of the
Petition Date, the Debtors employ 7,000 employees who work in their
retail stores, corporate offices, and distribution center, and who
are essential to the Debtors' ordinary course business operations.
The Debtors intend to use the initial days of their chapter 11
cases to convert one or more of the non-binding letters of intent
into binding commitments to purchase some or all of the Debtors'
assets. In the meantime, the Debtors intend to immediately
commence store closing sales to monetize some or all of their store
locations pursuant to the Agency Agreement and in accordance with
the terms of the consensual cash collateral order negotiated with
the Debtors' ABL Lenders and Priority Term Loan Lenders. The
liquidity generated from the store closing sales will facilitate
the administration of the Chapter 11 cases and maximize the value
of the Debtors' estates for the benefit of all stakeholders.
The Debtors maintain the flexibility under the Agency Agreement,
subject to the consent of their lenders, to stop the liquidation
sales in the event of an actionable going-concern transaction and
will continue to make every effort to effectuate such a
transaction.
As of the Petition Date, the Debtors will proceed to liquidate
their retail inventory through the store closing sales and
subsequently exit their retail store locations. In parallel, the
Debtors will continue to market their assets to consummate one or
more value-maximizing transactions.
The Debtors intend to file a motion seeking approval of customary
bidding procedures to govern a sale process for their assets in the
coming days. The milestones agreed with lenders provide that the
Debtors have until the earlier of (i) August 31, 2025 or (ii) the
date the Debtors request a post-petition borrowing pursuant to a
post-petition financing facility to deliver to the ABL Agent a
binding bid to purchase the Debtors' anticipated go-forward assets
as a going concern, with no financing or diligence contingencies.
Store Closures, Halt of All Concessions
Prior to the Petition Date, the Debtors undertook a review of their
1,350 retail store locations located in the United States and U.S.
territories and determined that 700 of their stores (including the
Debtors' Walmart SiS portfolio) were unviable under current
economic terms. Monthly rent obligations for these stores are
approximately $2.6 million per month.
The Go-Forward Business Plan was centered around rationalizing the
Company’s North American footprint, including by exiting stores
with burdensome lease obligations or that are otherwise unviable,
and focusing the Company's resources on the remaining approximately
800 stores.
The Debtors and their advisors developed a plan to effectuate an
orderly and efficient exit from their approximately 700 unviable or
less profitable physical store locations in all scenarios,
including a going-concern transaction. Absent a going-concern
purchaser emerging in the immediate near-term, the Debtors will
continue to liquidate the entirety of their U.S. lease portfolio,
through the store closing procedures.
The Company also invested in its concessions business to showcase
and sell its products in the stores of other retailers with heavy
foot traffic. Indeed, the Company grew its concessions business to
more than 20,000 partner locations.
Unfortunately, the Concessions business did not yield the expected
returns, but instead saddled the Company with a large and complex
network of concessions partners that required significant labor to
manage. As a result, in 2024 and 2025, the Company significantly
scaled back its concessions business. The Company currently
operates 9,000 concessions locations worldwide, and has decided, in
an exercise of its business judgment, to exit all of its
concessions locations in North America during the course of the
Chapter 11 Cases.
About Claire's Holdings
Claire's Holdings LLC is a fully integrated, global fashion brand
powerhouse committed to inspiring self-expression through the
creation and delivery of exclusive, well-curated products and
experiences. Through its global brands, Claire's and Icing, the
company delivers an immersive, omnichannel shopping experience with
owned and concession stores throughout North America and Europe as
well as around the world. On the Web: http://www.claires.com/
On August 6, 2025, Claire's Holdings LLC and certain of its U.S.
and Gibraltar-based subsidiaries, the operator of Claire's and
ICING stores globally, commenced Chapter 11 proceedings in the
United States Bankruptcy Court in the District of Delaware. The
cases are pending before the Honorable Judge Brendan L. Shannon and
the Debtors have requested joint administration (Bankr. D. Del.
Lead Case No. 25-11454).
In parallel, Claire's Canadian subsidiary commenced a proceeding in
the Ontario Superior Court of Justice (Commercial Division) under
the Companies' Creditors Arrangement Act (the "CCAA") to monetize
the Company's Canadian assets under the protections offered by the
CCAA. KSV Restructuring Inc. is the monitor in the CCAA case.
Claire's and ICING locations outside of North America are not
included in the Chapter 11 or CCAA proceedings.
Claire's listed $1 billion to $10 billion in assets and
liabilities.
Kirkland & Ellis LLP is serving as legal counsel to Claire's.
Houlihan Lokey is serving as investment banker, and Alvarez &
Marsal is serving as restructuring advisor. Osler, Hoskin &
Harcourt LLP is serving as Canadian legal counsel to Claire's.
Omni Agent Solutions LLC is the claims agent.
CLAIRE'S HOLDINGS: Files for Bankruptcy in U.S. and Canada
----------------------------------------------------------
Claire's Holdings LLC and certain of its U.S. and Gibraltar-based
subsidiaries, the operator of Claire's and ICING stores across the
United States, announced that it has commenced voluntary Chapter 11
proceedings in the United States Bankruptcy Court for the District
of Delaware to maximize the value of its business. Its Canadian
affiliate operating stores across Canada also intends to commence
proceedings in Canada under the Companies' Creditors Arrangement
Act (CCAA) in the Ontario Superior Court of Justice (Commercial
List).
Claire's has 1,350 retail store locations located in the United
States and U.S. territories, with 700 of those stores already
slated for closing. Claire's has 120 leased retail store locations
across 10 provinces in Canada, including 45 in Ontario.
These proceedings will enable Claire's to immediately commence the
monetization process for its assets to maximize value for the
business, while continuing an active and comprehensive review of
strategic alternatives, including discussions with potential
strategic partners that began prior to the filings.
"This decision is difficult, but a necessary one. Increased
competition, consumer spending trends and the ongoing shift away
from brick-and-mortar retail, in combination with our current debt
obligations and macroeconomic factors, necessitate this course of
action for Claire's and its stakeholders," said Chris Cramer, CEO
of Claire's, in a statement announcing the filings in the U.S. and
Canada. "We remain in active discussions with potential strategic
and financial partners and are committed to completing our review
of strategic alternatives."
Mr. Cramer continued, "I'd like to express my gratitude for our
employees, who have continued to work diligently in a constantly
evolving consumer landscape to deliver amazing products and
experiences for our customers. We remain committed to serving our
customers and partnering with our vendors and landlords in other
regions during this time."
Claire's retail stores in North America will remain open and
continue to serve customers while the Company continues to explore
all strategic alternatives. Through the filing of customary "first
day" motions with the U.S. Court and the Canadian Court, Claire's
intends to uphold its commitments to customers, employees, and
partners, including continued payment of employee wages and
benefits.
Claire's U.S. intends to seek approval for a consensual use of cash
collateral to ensure it has the liquidity necessary to support its
operations.
About Claire's Holdings
Claire's Holdings LLC is a fully integrated, global fashion brand
powerhouse committed to inspiring self-expression through the
creation and delivery of exclusive, well-curated products and
experiences. Through its global brands, Claire's and Icing, the
company delivers an immersive, omnichannel shopping experience with
owned and concession stores throughout North America and Europe as
well as around the world. On the Web: http://www.claires.com/
On August 6, 2025, Claire's Holdings LLC and certain of its U.S.
and Gibraltar-based subsidiaries, the operator of Claire's and
ICING stores globally, commenced Chapter 11 proceedings in the
United States Bankruptcy Court in the District of Delaware. The
cases are pending before the Honorable Judge Brendan L. Shannon and
the Debtors have requested joint administration (Bankr. D. Del.
Lead Case No. 25-11454).
In parallel, Claire's Canadian subsidiary commenced a proceeding in
the Ontario Superior Court of Justice (Commercial Division) under
the Companies' Creditors Arrangement Act (the "CCAA") to monetize
the Company's Canadian assets under the protections offered by the
CCAA. KSV Restructuring Inc. is the monitor in the CCAA case.
Claire's and ICING locations outside of North America are not
included in the Chapter 11 or CCAA proceedings.
Claire's listed $1 billion to $10 billion in assets and
liabilities.
Kirkland & Ellis LLP is serving as legal counsel to Claire's.
Houlihan Lokey is serving as investment banker, and Alvarez &
Marsal is serving as restructuring advisor. Osler, Hoskin &
Harcourt LLP is serving as Canadian legal counsel to Claire's.
Omni Agent Solutions LLC is the claims agent.
CME FITNESS: Andrew Layden Named Subchapter V Trustee
-----------------------------------------------------
The U.S. Trustee for Region 21 appointed Andrew Layden as
Subchapter V trustee for CME Fitness, LLC.
Mr. Layden will be paid an hourly fee of $400 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Layden declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Andrew Layden
200 S. Orange Avenue, Suite 2300
Orlando, FL 32801
Telephone: 407-649-4000
Email: alayden@bakerlaw.com
About CME Fitness LLC
CME Fitness, LLC is a fitness company based in Winter Springs,
Florida.
CME Fitness sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04821) on July
2, 2025. In its petition, the Debtor reported up to $50,000 in
assets and between $100,000 and $500,000 in liabilities.
Judge Grace E. Robson handles the case.
The Debtor is represented by Jeffrey Ainsworth, Esq., at Bransonlaw
PLLC.
COMMSCOPE HOLDING: S&P Places 'CCC+' ICR on CreditWatch Positive
----------------------------------------------------------------
S&P Global Ratings placed its 'CCC+' issuer credit rating on
network connectivity provider CommScope Holdings Co. Inc. on
CreditWatch with positive implications.
S&P said, "We will resolve the CreditWatch placement after we
collect the necessary information about CommScope's new capital
structure, operating strategy, financial outlook, and financial
policy, potentially upgrading the issuer credit rating by more than
one notch."
On Aug. 4, 2025, network connectivity provider CommScope Holdings
Co. Inc. filed an 8-K stating it reached an agreement to sell its
connectivity and cable solutions (CCS) business to Amphenol Corp.
for approximately $10.5 billion.
CommScope expects to use those sale proceeds to repay all its debt
and preferred equity.
The CreditWatch placement follows network connectivity provider
CommScope announcement it will sell its CCS segment to Amphenol for
approximately $10.5 billion. That will leave CommScope with its
access network solutions (ANS) and Ruckus business. CommScope has
stated that after transaction close, it will repay all of its debt
and redeem all preferred equity. Given that the company will repay
all its existing debt, we have not placed our issue-level ratings
on CreditWatch. Once all current CommScope debt has been repaid,
S&P will withdraw the issue-level rating on the current CommScope
debt. CommScope has stated that it will look to add debt to the
remaining business's capital structure but has not disclosed the
amount.
S&P said, "We await details on CommScope's remaining capital
structure, operating strategy, financial outlook, and financial
policy. When we resolve the CreditWatch placement, we could
potentially upgrade CommScope by more than one notch.
"We will resolve the CreditWatch placement after we collect the
necessary information about the new CommScope's capital structure,
operating strategy, financial outlook, and financial policy,
potentially upgrading the issuer credit rating by more than one
notch."
CONFLUENCE CORP: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
Confluence Corporation got the green light from the U.S. Bankruptcy
Court for the District of Hawaii to use the cash collateral of
Wynwood Capital and the U.S. Small
Business Administration.
The court's order authorized the Debtor's interim use of cash
collateral pending the final hearing on August 11.
This authorization entitles the Debtor to use the pre-bankruptcy
cash collateral of secured creditors to pay operating expenses in
accordance with its budget; and exceed the budget by 20% each
period (on an aggregate and cumulative basis). The budget includes
a $16,077 insurance premium installment payment for July.
Adequate protection is provided through monthly non-default
interest payments to the SBA and replacement liens in favor of both
the SBA and Wynwood.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/d8kFV from PacerMonitor.com.
About Confluence Corporation
Confluence Corporation, doing business as Regal Service Company,
sought protection under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Hawaii Case No. 25-00623) on July 17, 2025, listing
between $1 million and $10 million in both assets and liabilities.
Christopher W. Caliedo, president of Confluence, signed the
petition.
Judge Robert J. Farris oversees the case.
Chuck C. Choi, Esq., at Choi & Ito, represents the Debtor as legal
counsel.
CRC INSURANCE: Fitch Affirms 'B' LongTerm IDR, Outlook Stable
-------------------------------------------------------------
Fitch Ratings has affirmed the Long-Term Issuer Default Ratings
(IDRs) for CRC Insurance Group, LLC and CRC Platform Midco, L.P. at
'B'. The Rating Outlook is Stable. The ratings impact approximately
$6.2 billion of debt outstanding as of June 2025, pro forma for an
incremental term loan being raised to finance M&A activity.
The ratings reflect CRC's solid market position in the U.S.
insurance brokerage landscape, stable and recurring business model,
solid EBITDA margins and exposure to a recession resilient end
market. However, weak balance sheet metrics, including high EBITDA
leverage and low interest coverage, continue to weigh against the
ratings.
Key Rating Drivers
High Leverage, Weak Coverage: CRC was spun off from Truist
Financial Corporation (NYSE: TFC; A/Stable) and acquired by private
equity firms Stone Point Capital and Clayton, Dubilier & Rice
(CD&R), among others. CRC has relatively weak credit metrics, with
EBITDA leverage projected to be 7.0x or higher over the next few
years. Reported gross leverage is lower at 6.8x, pro forma at June
2025. EBITDA interest coverage is also low and expected to be near
2.0x in the next few years. This is among the low-end of
Fitch-rated industry peers and limits operating flexibility at the
current rating.
Stable Competitive Position: The company is well positioned in the
fragmented U.S. broker industry, with significant scale compared to
many brokers, but smaller than large global leaders. Fitch
estimates CRC could approach $3 billion or more total revenue in
the next few years, with Fitch-defined EBITDA estimated in the $900
million to $1 billion range by 2026-2027. CRC's business includes
the largest U.S. insurance wholesaler (operating under the CRC
Specialty brand), one of the largest managing general agents (MGA)
platforms (AmRisc & Starwind) and a leading independent commercial
title agent (Kensington Vanguard).
Aggressive M&A Strategy: Since separating from TFC in 2024, the
company has completed several divestitures and acquisitions that
have evolved its business. In 2H 2024, it divested McGriff for
$7.75 billion and sold smaller life insurance operations. It plans
to acquire several companies in 2025 for more than $1 billion
combined. The Atrium Underwriting Group Limited acquisition may
boost EBITDA by roughly 5% versus the current run-rate and further
expand CRC into high-margin, specialty insurance operations. Fitch
expects CRC to remain acquisitive, spending $500 million-$700
million annually on acquisitions in the coming years.
Healthy Organic Growth: CRC's historical growth profile has
supported the credit profile but has slowed recently. Organic
growth was 3% in 2Q25, well below the high-single-digit growth
average of the past five years. Fitch attributes this partly to
overall slowing P&C trends in recent quarters, as seen among
various public insurance brokers in 1H25. Further slowing in P&C
pricing and organic growth poses some risks. However, CRC's high
client retention and ongoing expansion through producer recruitment
should drive revenue growth over time.
Diversified Revenue Profile: CRC's ratings benefit from some
diversification, but wholesale P&C brokerage accounts for over half
of total revenue. CRC provides wholesale P&C brokerage,
underwriting, and employee benefits solutions. Most of its business
is in the U.S., though recent M&A and producer recruitment have
broadened its regional exposure over the past few years, with some
concentration in the southeastern U.S. CRC has limited
concentration in terms of carriers and clients.
Stable Industry: CRC operates a predictable business model in an
industry that has performed well across economic cycles. The
insurance brokerage sector remained stable during the 2008-2009
financial crisis and the 2020 COVID-19 pandemic, with major
insurance brokers seeing only low- to mid-single-digit organic
revenue declines from 2008 to 2010. Fitch attributes this to the
essential nature of insurance and benefits services and the
brokerage business model's adjustable cost structure.
Healthy Cash Flows: Fitch projects mid- to high-single-digit free
cash flow (FCF) margins as a percentage of revenue in the coming
years, which is relatively healthy and supports the credit profile.
CRC's cash generation is negatively impacted by meaningful cash
interest expense given high leverage. Like industry peers Fitch
reviews, CRC has relatively low capital expenditures and working
capital needs. This allows the company to deploy excess cash flow
toward organic and acquisitive growth opportunities.
Peer Analysis
CRC competes in a fragmented insurance brokerage and benefits
services landscape, including local/regional companies, national
agents and large multi-national brokers. Fitch rates several
comparable companies in the insurance brokerage and business
services industries in terms of scale, operating profile, and
business model. The 'B' IDR reflects CRC's strong historic growth
profile, solid profitability, and resilience of its business model
and the industry in which it competes. This is offset by a high
EBITDA leverage and relatively weak interest coverage.
CRC is one of the largest U.S. insurance brokers, with pro forma
revenue of approximately $2.5 billion as of June 2025. However, it
remains relatively small and has higher financial leverage compared
to larger global brokers such as Willis Towers Watson plc
(BBB+/Stable), Aon plc (BBB+/Stable), Marsh & McLennan Companies,
Inc. (A-/Stable), and Arthur J. Gallagher & Co. (AJG;
BBB+/Stable).
CRC also has weaker credit metrics than U.S.-centric brokers
including Brown & Brown, Inc. (Brown; BBB/Stable), which has
materially larger scale, and Ryan Specialty Holdings, Inc.
(BB+/Stable). Ryan Specialty operates with relatively similar
revenue and earnings scale to CRC. Relative to Canadian insurance
broker Navacord Intermediate Holdings, Inc. (B/Stable), CRC is much
larger but similarly highly leveraged and operates with low EBITDA
interest coverage.
Key Assumptions
- Organic revenue growth estimated in the mid-single digit range
over the ratings horizon. Incremental revenue assumed from new
M&A.
- EBITDA margins are projected to expand modestly in the next few
years, benefiting from higher-margin M&A, cost savings and some
operating leverage on revenue growth;
- Cash taxes and working capital projected to be a relatively
modest use of cash flow in the next few years;
- Fitch assumes continued M&A over the ratings horizon, with
additional cash out flows also related to purchase and integration
costs;
- SOFR declines to the high-3% range over the ratings horizon.
Recovery Analysis
For entities rated 'B+' and below, where default is closer and
recovery prospects are more meaningful to investors, Fitch
undertakes a tailored, or bespoke, analysis of recovery upon
default for each issuance. The resulting debt instrument rating
includes a Recovery Rating or published 'RR' (graded from RR1 to
RR6), and is notched from the IDR accordingly. In this analysis,
there are three steps: (i) estimating the distressed enterprise
value (EV); (ii) estimating creditor claims; and (iii) distribution
of value.
Fitch assumes CRC would emerge from a default scenario under the
going concern approach. Key assumptions used in the recovery
analysis are as follows:
- Fitch estimates a going concern EBITDA of approximately $675
million, or below the company's current run-rate EBITDA. This lower
level of EBITDA considers competitive and/or company-specific
pressures that hurt earnings in the future while also considering
that its M&A strategy could lead to a much higher EBITDA base
before any risk of bankruptcy.
- Fitch assumes a 6.5x emergence EV/EBITDA multiple, which is
validated by historic public company trading multiples, industry
M&A and past reorganization multiples Fitch has seen across various
industries.
- Fully drawn revolving credit facility at time of bankruptcy.
- 10% administrative claims.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Interest coverage, defined as EBITDA/interest paid, sustained
below 1.5x;
- (CFO-Capex)/Debt sustained near 1% or below;
- EBITDA leverage, defined as debt/EBITDA, is sustained above
8.0x;
- Deterioration in operating fundamentals that lead to weaker
revenue trends, margin underperformance, and compression of cash
flows.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- EBITDA leverage, defined as debt/EBITDA, is sustained below
6.5x;
- (CFO-Capex)/Debt sustained above 5%.
Liquidity and Debt Structure
CRC's liquidity is adequate and should enable growth investments
while providing sufficient downside protection for the rating. On a
pro forma basis, including the pending incremental first lien term
loan issuance and Atrium acquisition, the company will have cash of
$183 million as of June 2025. Liquidity is further supported by
stable and positive cash generation in the business and nearly $1.2
billion of availability on its first-lien senior secured revolver.
Fitch projects FCF to remain positive over the forecast, although
one-time expenses and higher interest expense will constrain cash
flow generation.
As of June 2025 (pro forma for the incremental term loan issuance),
the company's capital structure consisted of $5.2 billion of first
lien, senior secured debt and $1.0 billion of second lien term
loans. Its first lien senior secured debt as of June 2025, pro
forma the incremental term loan to finance M&A, included an
approximately $1.2 billion revolver, $2.2 billion of term loans
maturing in 2031 and $3.0 billion of senior secured notes.
Additionally, the company had $1.0 billion of second lien term
loans. Fitch expects CRC will continue to rely on debt issuances
and internal cash generation in the future to finance M&A.
Issuer Profile
CRC Insurance Group, LLC (formerly TIH Insurance Holdings, LLC) is
a diversified U.S. insurance distribution firm, with wholesale
specialty P&C insurance brokerage and managing general agent (MGA)
operations. It was separated from Truist Financial Corporation in
May 2024 and founded in 1982.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
CRC Platform Midco, L.P. LT IDR B Affirmed B
CRC Insurance Group, LLC LT IDR B Affirmed B
senior secured LT B+ Affirmed RR3 B+
Senior Secured
2nd Lien LT CCC+ Affirmed RR6 CCC+
CREEKSIDE 2019: Claims Will be Paid from Property Sale/Refinance
----------------------------------------------------------------
Creekside 2019 LLC filed with the U.S. Bankruptcy Court for the
Southern District of Texas a Combined Plan and Disclosure Statement
dated July 29, 2025.
The Debtor owns a multifamily, 286-unit apartment complex. This
apartment complex is not operating, as it was wrongfully condemned
by the City of Dickinson. Debtor was unable to operate the
apartment complex as a result of the wrongful condemnation.
The Debtor will sell (or refinance) the apartment complex (Deats
Rd.) on or before August 31, 2026, paying all allowed secured
creditors from the proceeds of the sale (or refinance) on all
amounts then outstanding in full. The Debtor agrees that if it is
unable to sell or refinance by August 31, 2026, it will not
commence a subsequent bankruptcy proceeding.
The Debtor shall at all times during this Plan maintain insurance.
Class (1(a) creditor may not repossess or dispose of their
collateral or otherwise proceed against the Debtor, its collateral
and any guarantors, so long as Debtor is not in Material Default
under the Plan. Class 1(a) Allowed Secured claims are impaired and
thus are entitled to vote on confirmation of the Plan. Class 1(b)
Allowed Secured claims are unimpaired and are not entitled to vote
on confirmation of the Plan.
Class 2(a) consists of Allowed General Unsecured Claims. Allowed
claims of general unsecured creditors (including allowed claims of
creditors whose executory contracts or unexpired leases are being
rejected under this Plan) shall be paid in full according to terms.
Creditors in this class may not take any collection action against
Debtor so long as Debtor is not in Material Default under the Plan.
This class is not impaired and is not entitled to vote on
confirmation of the Plan.
The Debtor sole equity holder, Dr. Fercan E. Kalkan, shall retain
his interest in the Debtor; however, no Distributions shall be made
until all Allowed Claims have been paid in full. Texas Excel
Property Management Services Corp. shall continue to manage the
apartment complex at a reduced rate, which is an insider of the
Debtor. Dr. Fercan E. Kalan shall remain the Debtor's Sole Manager
and Member and shall serve without salary from the Debtor until all
Plan payments have been made.
On the Effective Date, all property of the estate and interests of
the Debtor, that is property of the estate as of the date of Plan
confirmation, will vest in the reorganized Debtor pursuant to
Section 1141(b) of the Bankruptcy Code free and clear of all lien,
claims, interests and encumbrances except as otherwise provided in
this Plan.
The obligations to creditors that Debtor undertakes in the
confirmed Plan replace those obligations to creditors that existed
prior to the Effective Date of the Plan. Debtor's obligations under
the confirmed Plan constitute binding contractual promises that, if
not satisfied through performance of the Plan, create a basis for
an action for breach of contract under Texas law.
A full-text copy of the Combined Plan and Disclosure Statement
dated July 29, 2025 is available at https://urlcurt.com/u?l=MkXCxs
from PacerMonitor.com at no charge.
About Creekside 2019 LLC
Creekside 2019 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-80094) on March 4,
2025. In its petition, the Debtor reports estimated assets between
$100,000 and $500,000 and estimated liabilities between $ million
and $10 million.
Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by:
James Q. Pope, Esq.
THE POPE LAW FIRM
6161 Savoy Drive 1125
Houston TX 77036
Tel: (713) 449-4481
Email: jamesp@thepopelawfirm.com
CRICKET VALLEY: Davis Polk Advised Kiwoom in Out-of-Court Exchange
------------------------------------------------------------------
Davis Polk advised Kiwoom Asset Management Co., Ltd and certain of
its affiliates in connection with a comprehensive out-of-court
recapitalization of Cricket Valley Energy Center and its
affiliates. Pursuant to the terms of the transaction, Kiwoom
exchanged approximately $326 million of mezzanine debt for warrants
which, subject to receipt of certain regulatory approvals, will
convert into a substantial majority of
Cricket Valley's common equity. The transaction also entailed,
among other things, the refinancing of approximately $635 million
of Cricket Valley's outstanding operating company debt with new
first- and second-lien credit facilities, the implementation of
corporate governance structures consistent with applicable
regulatory requirements, and the issuance of warrants to the new
second-lien lenders, a new asset manager and the existing
sponsors.
Cricket Valley owns a state-of-the-art power facility in Dover, New
York. It utilizes modern combined-cycle natural gas turbine
technology to produce reliable electricity with fewer carbon
emissions than traditional simple-cycle gas or coal plants. It has
the capacity to generate approximately 1,016 megawatts of
electricity, or enough to power one million homes.
The Davis Polk restructuring team included partners Damian S.
Schaible and Jonah A. Peppiatt and associate Moshe Melcer. The
infrastructure finance team included partner Elena Maria Millerman
and associate Mostafa Al Khonaizi. Counsel J. Avelina Burbridge
provided real estate advice. The M&A team included partner Evan
Rosen, counsel Jacob S. Kleinman and associate Jessica Poggi.
Partner Corey M. Goodman and associates Bradford Sherman and
Michael Hsieh provided tax advice. Partner Paul D. Marquardt and
associate Charles Marshall Wilson provided regulatory advice.
Members of the Davis Polk team are based in the New York and
Washington DC offices.
Davis Polk refers to Davis Polk & Wardwell LLP, a New York limited
liability partnership, and its associated entities.
DARE BIOSCIENCE: Regains Compliance With Nasdaq Equity Rule
-----------------------------------------------------------
Dare Bioscience, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that it received a letter
from the Nasdaq Office of General Counsel confirming that the
Company demonstrated compliance with the stockholders' equity
requirement in Nasdaq Listing Rule 5550(b)(1) (the "Stockholders'
Equity Rule"), and that the Company is therefore in compliance with
the Nasdaq Capital Market's continued listing requirements.
That letter also informed the Company that, pursuant to Nasdaq
Listing Rule 5815(d)(4)(B), it will be subject to a Mandatory Panel
Monitor for a period of one year from July 24, 2025, and that if,
within that one-year period, the Nasdaq Listing Qualifications
Staff determines that the Company is out of compliance with the
Stockholders' Equity Rule, the Staff will issue a delist
determination letter and the Company will have an opportunity to
request a new hearing with Nasdaq's Hearings Panel.
Notwithstanding Nasdaq Listing Rule 5810(c)(2), the Company will
not be permitted to provide a plan of compliance to the Staff with
respect to such non-compliance, the Staff will not be permitted to
grant additional time for the Company to regain compliance, and it
will not be afforded a cure period pursuant to Nasdaq Listing Rule
5810(c)(3).
About Dare Bioscience
Dare Bioscience, Inc. is a biopharmaceutical company committed to
advancing innovative products for women's health. The Company's
mission is to identify, develop, and bring to market a diverse
portfolio of differentiated therapies that prioritize women's
health and well-being, expand treatment options, and improve
outcomes, primarily in the areas of contraception, vaginal health,
reproductive health, menopause, sexual health, and fertility.
Irvine, California-based Haskell & White LLP, the Company's auditor
since 2023, issued a "going concern" qualification in its report
dated March 31, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended Dec. 31, 2024, citing that the Company
has recurring losses from operations and is dependent on additional
financing to fund operations. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
DEL MONTE: Dechert Represents Minority Secured Lenders
------------------------------------------------------
In the Chapter 11 cases of Del Monte Foods Corporation II, Inc.,
and affiliates, the Ad Hoc Group of Minority Secured Lenders filed
a verified statement pursuant to Rule 2019 of the Federal Rules of
Bankruptcy Procedure.
The members of the Minority Ad Hoc Group are (i) certain funds or
accounts managed or advised by Catalur Capital Management, LP, (ii)
CoBank, ACB, (iii) Farm Credit Bank of Texas, (iv) GreenStone Farm
Credit Services, FLCA, (v) certain funds or accounts managed or
advised by Guggenheim Partners Investment Management, LLC and/or
its affiliates, (vi) certain funds or accounts managed by
MILLENNIUM CMM, LTD, and, (vii) certain funds or accounts managed
by Tikehau Capital North America LLC.
Starting in July 2025, members of the Minority Ad Hoc Group
retained attorneys with the firm of Dechert LLP to represent them
as counsel in connection with their holdings of the outstanding
indebtedness of the Debtors.
Dechert does not hold any disclosable economic interests in
relation to the Debtors. Dechert's address is Three Bryant Park,
1095 Avenue of the Americas, New York, New York, 10036.
The members of the Minority Ad Hoc Group beneficially own or manage
approximately $161.36 million in aggregate principal amount of
loans under the first-out term loan tranche (the "First-Out Term
Loan"), the second-out term loan tranche (the "Second-Out Term
Loan"), and the third-out term loan tranche (the "Third-Out Term
Loan," and collectively, the "Prepetition Term Loans"), under that
certain Super-Priority Credit and Guaranty Agreement, dated as of
August 2, 2024, among Del Monte Foods Corporation II Inc., as
Borrower, DM Intermediate II Corporation, as Holdings, certain
subsidiaries of Del Monte Foods Corporation II Inc., as Guarantors,
various lenders from time to time party thereto, and Wilmington
Savings Fund Society, FSB, as administrative agent (as amended,
amended and restated, supplemented or otherwise modified from time
to time, the "Super Senior Credit Agreement"), and including
through exposure in a total returns swap.
Of that $161.36 million, $34.71 million is First-Out Term Loans
(for 8.78% of the total outstanding principal amount of First-Out
Term Loans as of the Petition Date), $73.01 million (including
$14.2 in total returns swaps) is Second-Out Term Loans (for 15.57%
of the total outstanding principal amount of Second Out Term Loans
as of the Petition Date), and $53.64 million is Third-Out Term
Loans (for 39.73% of the total outstanding principal amount of
Third-Out Term Loans as of the Petition Date).
The Minority Ad Hoc Group Members' address and the nature and
amount of disclosable economic interests held in relation to the
Debtors are:
1. Certain funds or accounts advised by Catalur Capital Management,
LP
One Grand Central Place 60 East 42nd Street
Suite 1130 New York, NY 10165
* First-Out Term Loans: $3,049,879.00
* Second-Out Term Loans: $12,623,960.00
* Third-Out Term Loans: $3,999,863.00
* Total: $19,673,702.00
2. CoBank, ACB
6340 S. Fiddlers Green Circle
Greenwood Village, CO 80111
* First-Out Term Loans: $10,504,485.25
* Second-Out Term Loans: $8,943,832.02
* Third-Out Term Loans: $20,592,898.96
* Total: $40,041,216.23
3. Farm Credit Bank of Texas
4801 Plaza on the Lake Drive, Austin, Texas 78746
P.O. Box 202590 Austin, TX 78720
* First-Out Term Loans: $2,798,857.84
* Second-Out Term Loans: $2,383,031.05
* Third-Out Term Loans: $5,465,879.06
* Total: $10,647,767.95
4. GreenStone Farm Credit Services, FLCA
3515 West Road,
East Lansing, MI 48823
* First-Out Term Loans: $7,063,322.91
* Second-Out Term Loans: $5,957,577.59
* Third-Out Term Loans: $13,717,139.71
* Total: $26,738,040.21
5. Certain funds or accounts managed or advised by Guggenheim
Partners Investment Management, LLC and/or
its affiliates
330 Madison Avenue, 10th Floor
New York, New York 10017
* First-Out Term Loans: $11,296,923.53
* Second-Out Term Loans: $23,734,443.28
* Total: $35,031,366.80
6. Certain funds or accounts advised by MILLENNIUM CMM, LTD
399 Park Ave. New York, NY 10022
* Second-Out Term Loans: $14,192,563.00
* Total: $14,192,563.00
7. Certain funds or accounts advised by Tikehau Capital North
America LLC
9 West 57th Street, 45th Floor
New York, NY 10019
* Second-Out Term Loans: $5,177,163.84
* Third-Out Term Loans: $9,859,242.20
* Total: $15,036,406.04
Attorneys for the Ad Hoc Group:
John W. Weiss, Esq.
David E. Sklar. Esq.
PASHMAN STEIN WALDER HAYDEN, P.C.
21 Main Street, Suite 200
Hackensack, New Jersey 97601
Telephone: (201) 270-5477
Email: jweiss@pashmanstein.com
dsklar@pashmanstein.com
-and-
Allan S. Brilliant, Esq.
Stephen M. Wolpert, Esq.
DECHERT LLP
1095 Avenue of the Americas
New York, NY 10036-6797
Tel: (212) 698-3500
Fax: (212) 698-3599
Email: allan.brilliant@dechert.com
stephen.wolpert@dechert.com
About Del Monte Foods
Founded in 1886 and headquartered in Walnut Creek, California, the
Del Monte business has been a cornerstone of American grocery
stores for more than 130 years. Del Monte Foods has been driven by
its mission to nourish families with earth's goodness. As the
original plant-based food company, Del Monte is always innovating
to make nutritious and delicious foods more accessible to consumers
across its portfolio of beloved brands, including Del Monte,
Contadina, College Inn, Kitchen Basics, JOYBA, Take Root Organics
and S&W. On the Web: http://www.delmontefoods.com/or
http://www.joyba.com/
On July 1, 2025, Del Monte Foods Corporation II, Inc., and 17
affiliated debtors filed voluntary petitions for relief under
Chapter 11 of the United States Bankruptcy Code (Bankr. D.N.J. Lead
Case No. 25-16984) to address $1.235 billion in funded debt
obligations.
The Debtors' bankruptcy cases are pending before the Honorable
Michael B. Kaplan.
Herbert Smith Freehills Kramer (US) LLP and Cole Schotz P.C. are
serving as legal counsel to Del Monte, Alvarez & Marsal North
America, LLC is serving as financial advisor, and PJT Partners is
serving as investment banker to the Company. Stretto is the claims
agent.
Wilmington Savings Fund Society, FSB, as DIP Term Loan Agent, is
represented by ArentFox Schiff LLP. JPMorgan Chase Bank, N.A., as
Prepetition and DIP ABL Agent, is represented by Greenberg Traurig,
LLP and Simpson Thacher & Bartlett LLP.
The Official Committee of Unsecured Creditors of Del Monte Foods
Corporation II Inc. has retained Morrison Foerster and Kelley Drye
& Warren LLP as counsel.
DENOYER-GEPPERT: Matthew Brash Named Subchapter V Trustee
---------------------------------------------------------
The U.S. Trustee for Region 11 appointed Matthew Brash of Newpoint
Advisors Corporation as Subchapter V trustee for Denoyer-Geppert
Science Company.
Mr. Brash will be paid an hourly fee of $425 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Brash declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Matthew Brash
Newpoint Advisors Corporation
655 Deerfield Road, Suite 100-311
Deerfield, IL 60015
Tel: (847) 404-7845
About Denoyer-Geppert Science Company
Denoyer-Geppert Science Company manufactures scientific models,
charts and simulators -- particularly for human anatomy, biology
and chemistry education -- from its headquarters in Illinois,
serving educators and medical professionals since its founding in
1916.
Denoyer-Geppert Science Company sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No.
25-11605) on July 30, 2025. In its petition, the Debtor reported
estimated assets between $50,000 and $100,000 and estimated
liabilities between $1 million and $10 million.
Judge Jacqueline P. Cox handles the case.
The Debtor is represented by:
David R Herzog, Esq.
David R. Herzog
53 W. Jackson Jackson Blvd., Suite 1442
Chicago IL 60604
Tel: 312-977-1600
drh@dherzoglaw.com
DFND SECURITY: Mark Sharf Named Subchapter V Trustee
----------------------------------------------------
The U.S. Trustee for Region 17 appointed Mark Sharf, Esq., a
practicing attorney in Los Angeles, as Subchapter V trustee for
DFND Security, Inc.
Mr. Sharf will charge $660 per hour for his services as Subchapter
V trustee and $150 per hour for his trustee administrator's
services. In addition, the Subchapter V trustee will seek
reimbursement for work-related expenses incurred.
Mr. Sharf declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Mark Sharf, Esq.
6080 Center Drive, 6th Floor
Los Angeles, CA 90045
Telephone: (323) 612-0202
Email: mark@sharflaw.com
About DFND Security
DFND Security, Inc. is a California-headquartered cybersecurity and
IT strategy firm that provides enterprise-level technology
architecture, security solutions and talent sourcing for global
corporations. It partners with organizations across North and South
America, Europe and beyond, rawing on a team of former C suite IT
and security leaders with experience at Oracle, NetApp, Broadcom,
Sony and Intuit. Through a flexible engagement model, DFND Security
helps clients address complex IT and cybersecurity challenges at
scale.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-12150) on August 1,
2025, with $1 million to $10 million in assets and liabilities.
Tony Miranda, president, signed the petition.
Marc C. Forsythe, Esq., at Goe Forsythe & Hodges, LLP represents
the Debtor as legal counsel.
DRIVEHUB AUTO: Gets Final OK to Use Cash Collateral
---------------------------------------------------
DriveHub Auto, Inc. received final approval from the U.S.
Bankruptcy Court for the Middle District of Florida, Orlando
Division, to use cash collateral.
All prior interim orders granting the Debtor's bid to use cash
collateral are deemed final.
The cash collateral the Debtor intends to use is comprised of cash
on hand and funds to
be received during normal operations, which may be encumbered by
liens of XL Funding, LLC.
Prior to the petition date, the Debtor obtained financing from XL
Funding, which is purportedly secured by a lien on its cash and
cash equivalents based on records maintained with the State of
Florida. XL Funding may assert a first priority security interest
in the cash and cash equivalents by virtue of a UCC-1 financing
statement filed with the State of Florida in 2021.
The outstanding balance owed to XL Funding is approximately
$135,066.62.1, according to court papers filed in February.
About DriveHub Auto Inc.
DriveHub Auto Inc. is a used car dealership located in Orlando,
Fla., offering pre-owned vehicles to customers.
DriveHub Auto filed Chapter 11 petition (Bankr. M.D. Fla. Case No.
25-00594) on January 27, 2025, listing between $1 million and $10
million in both assets and liabilities.
Judge Grace E. Robson handles the case.
The Debtor is represented by Daniel A. Velasquez, Esq., at Latham,
Luna, Eden & Beaudine, LLP.
XL Funding, LLC, as secured creditor, is represented by:
Eric B. Zwiebel, Esq.
Emanuel & Zwiebel, PLLC
7900 Peters Road
Building B, Suite 100
Plantation, FL 33324
eric.zwiebel@emzwlaw.com
EL CHILITO MEXICAN: Gets Final OK to Use SBA's Cash Collateral
--------------------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California
approved the fourth stipulation between El Chilito Mexican Food,
Inc. and the U.S. Small Business Administration.
The stipulation authorizes the Debtor to use cash collateral on a
final basis to pay its expenses until the confirmation of a Chapter
11 plan or until its bankruptcy case is converted or dismissed,
whichever occurs first.
As a condition for the Debtor's use of its cash collateral, SBA
will be provided with adequate protection in the form of a
replacement lien on the Debtor's post-petition revenues, monthly
payments, and a superpriority claim.
The SBA is the senior secured creditor with a lien on the Debtor's
personal property (e.g. cash, accounts receivable). The Debtor
asserted that all junior lienholders are fully unsecured due to
SBA's lien value exceeding the value of its business assets.
About El Chilito Mexican Food
El Chilito Mexican Food, Inc. is a local taqueria serving a
selection of Tex-Mex and interior Mexican style tacos, coffee,
frozen sangria/mimosas, and draft beer.
El Chilito sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. C.D. Calif. Case No. 24-11032) on September 11, 2024,
listing between $500,001 and $1 million in assets and between $1
million and $10 million in liabilities.
Judge Ronald A. Clifford III oversees the case.
The Debtor is represented by Matthew D. Resnik, Esq., at Rhm Law,
LLP.
ENC PARENT: S&P Alters Outlook to Stable, Affirms 'B-' ICR
----------------------------------------------------------
S&P Global Ratings revised its outlook to stable from negative and
affirmed its 'B-' issuer credit rating on U.S.-based drayage
services facilitator ENC Parent Corp.
S&P said, "We also affirmed our 'B-' issue-level rating and '3'
recovery rating (rounded estimate: 55%) on the company's first-lien
debt; and 'CCC' issue-level rating and '6' recovery rating (rounded
estimate: 0%) on its second-lien debt.
"The stable outlook reflects our expectation that ENC's
profitability will improve in 2025. enabling it to achieve
break-even reported free cash flow in 2025 and modestly positive
free cash flows in 2026. We also anticipate the company will not
face significant difficulties in refinancing its ABL revolver
facility maturing in August 2026.
"We believe ENC's modestly improved operating performance has
improved its liquidity position. After peaking in 2022, ENC's S&P
Global Ratings-adjusted EBITDA declined for two consecutive years,
falling to nearly half of its peak level in fiscal 2024. As a
result of this deterioration, the company reported a free cash flow
deficit of about $6 million in 2024. However, we now forecast its
S&P Global Ratings-adjusted EBITDA margin will improve by 110 basis
points (bps), reaching 4.9% in fiscal 2025 underpinned by drayage
volumes growth of 7%-8% during the first six months of 2025.
"Additionally, the company is realizing cost efficiencies from
targeted cost reductions. Accordingly, we now estimate ENC's fiscal
2025 S&P Global Ratings-adjusted EBITDA will be $75 million-$80
million. This is about $15 million-$20 million higher than last
year and sufficient to achieve break-even reported free cash flows
for the year. For fiscal 2026, we expect free cash flows will
improve further, reaching about $13 million-$16 million, supported
by continued profitability gains and marginal rate improvements in
the latter half of the year.
"However, we expect macroeconomic challenges will persist, keeping
freight rates weak. ENC's gross profitability remains closely tied
to prevailing freight rates because the company earns a fixed
percentage of its agents' transportation revenues. Operating in the
highly fragmented freight trucking industry, these agents have
minimal pricing power and are currently operating at subdued levels
amid prolonged trough level rates that have continued for over two
years. We expect freight trucking rates will continue to be at
these low levels over the near term, constrained by overcapacity
and weak freight demand. The excess trucking capacity that entered
the market during the post-pandemic freight demand surge has been
slow to exit, prolonging the supply overhang.
"At the same time, demand has contracted significantly from peak
levels and remains under pressure due to trade policy uncertainty
and the imposition of higher tariffs, which has led some shippers
to postpone shipments. While ENC's volumes have been comparatively
less affected --given its operations are concentrated near East
Coast ports and trade-related disruptions have been more acute at
West Coast gateways--overall freight demand remains subdued.
Continued weakness in consumer sentiment and persistent inflation
risks are likely to keep demand constrained, thereby limiting the
potential for any near-term recovery in freight rates. Accordingly,
we expect only marginal improvements in ENC's profitability over
the near term.
"Nonetheless, our outlook revision reflects that improving free
cash flows and liquidity have moderated downside risks. Our
previous estimates of free cash flow deficits were expected to
affect the company's liquidity position. However, our revised
forecast indicates free cash flows are no longer constraining ENC's
liquidity in 2025. That being said, we think upcoming maturity of
its revolving credit facility (RCF) entails some refinancing risk.
ENC's $165 million revolving credit facility (currently undrawn)
matures in August 2026 and will become current within a month (when
we will stop recognizing it as a liquidity source). Although we do
not expect the company would need to draw on this facility through
our forecast period, we consider the RCF to be a significant source
of liquidity. Inability to refinance the facility could leave ENC
with lower headroom to fund potential cash flow shortfalls arising
from a subdued financial performance or higher-than-expected
working capital requirements.
"However, we believe ENC's refinancing risk is somewhat mitigated
by the recent improved financial performance, which includes a
gradual improvement in its credit metrics and underpins the
sustainability of its capital structure. Therefore, our revised
view is based on the expectation that ENC will not face any
significant difficulties in refinancing its asset-based lending
(ABL) revolver facility.
“The stable outlook reflects our expectation that ENC's
profitability will improve in 2025 enabling it to achieve
break-even reported free cash flow in 2025 and modestly positive
free cash flows in 2026. We also anticipate the company will not
face significant difficulties in refinancing its ABL revolver
facility maturing in August 2026.
"We could lower our ratings on ENC if its liquidity is constrained
due to free cash flow generation falling materially short of our
expectations; or if it is unable to timely refinance its ABL
revolver facility, leading us to assess the company's capital
structure as unsustainable."
Although unlikely, S&P could raise its ratings on the company if
its debt to EBITDA improves below 6.5x on a sustained basis. This
could occur if:
-- It can grow volumes further and benefits from freight trucking
rates that improve faster and more strongly than S&P expects; or
-- The company improves its profitability through increased
operating efficiency or pricing.
S&P would also need management to commit to maintaining these
ratios before raising its rating.
EVERSTREAM NETWORKS: Court Approves $384.6M Sale to Bluebird Fiber
------------------------------------------------------------------
Everstream announced on August 1, 2025, that it has received
approval from the U.S. Bankruptcy Court for the Southern District
of Texas for the sale of substantially all of its operations to
Bluebird Fiber, a regional provider of fiber-based connectivity
solutions for businesses.
Following a robust auction process, Bluebird emerged as the winner
with a prevailing bid of $384.6 million.
"This approval sets the stage for an exciting new phase for
Everstream under new ownership," Everstream CEO Ken Fitzpatrick
said. "We are pleased that Bluebird's bid reflects the significant
value and potential of our operations -- a testament to the
strength of our fiber network and the deep expertise of our team.
Our two businesses are highly complementary, underpinned by a
shared commitment to speed and reliability, and this transaction
will strengthen the combined company's ability to deliver
world-class network solutions for years to come. As we move toward
transaction completion, our priority will be to ensure a seamless
experience for our valued customers and employees."
"We are thrilled to achieve another key milestone as we work
towards the combination of these two great companies. Everstream's
quality fiber network and top-notch employees will mesh perfectly
with our fiber network and team," Bluebird CEO Jason W. Adkins
said. "The combination of Bluebird and Everstream will form one of
the largest enterprise fiber businesses in the Midwest. We look
forward to being able to carry traffic on our own fiber network
across 11 adjacent states, all the way from Kansas to Ohio and
Michigan, and all states in between."
Completion of the sale to Bluebird is targeted by year end, subject
to satisfaction of all closing conditions, including regulatory
approvals. The sale does not include Everstream's Pennsylvania
assets, which the Company previously announced are being wound
down.
Advisors
Weil, Gotshal & Manges LLP is serving as legal advisor, Alvarez &
Marsal North America, LLC is serving as restructuring advisor, Bank
Street Group is serving as M&A advisor, PJT Partners LP is serving
as investment banker, and Kekst CNC is serving as strategic
communications advisor to the Company.
Kirkland & Ellis LLP is serving as legal advisor, Leo Berwick is
serving as financial due diligence and tax advisor, and TD
Securities is serving as sole financial advisor to Bluebird.
About Bluebird Fiber
Bluebird Fiber is a communications infrastructure provider. Since
1999, Bluebird Fiber, headquartered in Missouri, has provided
internet and transport services, via its fiber infrastructure, to
Carriers and Enterprises across the Midwest. Bluebird operates more
than 11,000 fiber route miles of high-speed broadband and
fiber-optic connections with over 82,000 on-net and near-net
buildings and 163 Points of Presence (PoP) sites spanning the
Midwest, including the major cities of Chicago, St. Louis, Kansas
City, Springfield (MO and IL), Tulsa, Peoria, Bloomington, Normal
and the Quad Cities; in addition, Bluebird owns two data centers.
To learn more, please visit bluebirdfiber.com and follow us on
LinkedIn, Facebook and X.
About Everstream Networks
Everstream Networks LLC is a business-focused provider of data,
internet, and communications services, operating a fiber network
spanning over 34,000 miles across 13 states in the U.S. Midwest and
Northeast. Headquartered in Cleveland, Ohio, the Company offers
enterprise-grade solutions such as dedicated internet access, dark
fiber, Ethernet, and network security. Founded in 2014 as a
subsidiary of nonprofit OneCommunity, Everstream has expanded
through a mix of organic growth and acquisitions.
Everstream Networks LLC and affiliates sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case No.
25-90144) on May 28, 2025. In its petition, the Debtor reports
estimated assets (on a consolidated basis) between $500 million and
$1 billion and estimated liabilities (on a consolidated basis)
between $1 billion and $10 billion.
Honorable Bankruptcy Judge Christopher M. Lopez handles the case.
The Debtor is represented by Gabriel A. Morgan, Esq., Clifford W.
Carlson, Esq., Matthew S. Barr, Esq., Andriana Georgallas, Esq.,
and Alexander P. Cohen, Esq. at WEIL, GOTSHAL & MANGES LLP. The
Debtors' Special Counsel is RICHARDS, LAYTON & FINGER, P.A. BANK
STREET GROUP LLC is the Debtors' M&A Advisor. ALVAREZ & MARSAL
NORTH AMERICA, LLC is the Debtors' Financial Advisor. STRETTO, INC.
is the Debtors' Claims, Noticing & Solicitation Agent.
EXELA TECHNOLOGIES: Advised by Latham & Watkins in XBA Acquisition
------------------------------------------------------------------
XBP Europe Holdings, Inc. (Nasdaq: XBP), a pan-European integrator
of bills, payments, and related solutions and services, has
finalized its acquisition of Exela Technologies BPA, LLC, a leading
provider of business process automation solutions. The combined
entity will operate under the new name XBP Global Holdings, Inc.,
reflecting its expanded global footprint and capabilities. This
acquisition is expected to expand XBP Global's annual revenue to
over $900 million, with a workforce of approximately 11,000
employees across 19 countries. The company now serves more than
2,500 clients, including over 60 Fortune 100 companies.
Latham & Watkins LLP represented Exela BPA in connection with its
chapter 11 process, exit financing and securitization facilities,
and acquisition by XBP Europe Holdings, Inc., with a restructuring
& special situations team led by New York partners Ray C. Schrock,
Alexander Welch, and Hugh Murtagh, and counsel Adam Ravin, with
associates Jon Weichselbaum, Thomas Fafara, Ata Nalbantoglu, Kevin
Shang, Brian Herskowitz, Beau Parker, Richard Cantoral, Saadia
Naeem, and Drew Carlson. Advice was also provided on litigation
matters by New York partner Eric Leon and Boston partner Betsy
Marks, with associate Kamali Houston; on finance matters by New
York partner Marcela Ruenes and counsel Jonathan Wry, with
associates Sam Wintergreen-Arthur, Lucila Dorado, and Youn Song and
assistance from Ed Prevost; on capital markets matters by New York
partner Benjamin Stern and counsel Gemma Mootoo Rajah and
associates Jie Lin Nai and Jenny Ha; on mergers & acquisitions
matters by Chicago partner Zachary Judd and counsel Ben Kaplan,
with associate Meghan McDuff; on securitization matters by New York
associate Maeve Chandler and Chicago associate Ananya Hindupur; and
on tax matters by Chicago partner Joseph Kronsnoble, with
associates Lukas Kutilek and Jay Khurana.
About Exela Technologies
Headquartered in Irving, Texas, Exela Technologies, Inc. --
http://www.exelatech.com/-- is a business process automation (BPA)
company, leveraging a global footprint and proprietary technology
to provide digital transformation solutions enhancing quality,
productivity, and end-user experience.
Exela Technologies Inc. and several other units sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No.
25-90024) on March 3, 2025. In its petition, the Debtor reports
estimated assets between $500 million and $1 billion and
liabilities between $1 billion and $10 billion.
Bankruptcy Judge Christopher M. Lopez handles the case.
The Debtor is represented by Timothy Alvin Davidson, II, Esq. at
Andrews Kurth LLP.
EXELA TECHNOLOGIES: Clearly Gottlieb Represents ETI in Chapter 11
-----------------------------------------------------------------
Cleary Gottlieb represented Exela Technologies Inc. (ETI) and two
of its subsidiaries in the successful Chapter 11 restructuring of
Exela Intermediate LLC and select affiliated debtors.
At the time of filing, ETI was the sole shareholder of the debtor
entities and their largest creditor and counterparty -- holding
more than 30% of the debtors' outstanding secured bonds and
providing key services under multiple contractual arrangements.
The U.S. Bankruptcy Court for the Southern District of Texas
confirmed the Chapter 11 plan on June 23, 2025, overruling an
objection from the U.S. Trustee regarding the plan's opt-out
third-party releases. On July 24, the court denied the Official
Committee of Unsecured Creditors' motion to block the plan's
implementation, allowing the plan to go effective on July 29,
2025.
Cleary advised the ETI entities on a broad range of legal matters
throughout the restructuring, including bankruptcy, corporate
governance, debt financing, securities, tax, and litigation. The
firm led negotiations on the plan of reorganization, which resulted
in ETI obtaining a 25–30% equity stake in XBP Europe Holdings
Inc. -- an ETI affiliate that acquired the debtor companies under
the confirmed plan.
As part of the agreement, ETI and its affiliates received full
releases in exchange for committing to fund certain potential
future liabilities.
About Exela Technologies
Headquartered in Irving, Texas, Exela Technologies, Inc. --
http://www.exelatech.com/-- is a business process automation (BPA)
company, leveraging a global footprint and proprietary technology
to provide digital transformation solutions enhancing quality,
productivity, and end-user experience.
Exela Technologies Inc. and several other units sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No.
25-90024) on March 3, 2025. In its petition, the Debtor reports
estimated assets between $500 million and $1 billion and
liabilities between $1 billion and $10 billion.
Honorable Bankruptcy Judge Christopher M. Lopez handles the case.
The Debtor is represented by Timothy Alvin Davidson, II, Esq. at
Andrews Kurth LLP.
FCI SAND: Deadline for Panel Questionnaires Set for Aug. 11
-----------------------------------------------------------
The United States Trustee is soliciting members for committee of
unsecured creditors in the bankruptcy case of FCI Sand Operations
LLC.
If a party wishes to be considered for membership on any official
committee that is appointed, it must complete a questionnaire
available at https://tinyurl.com/4s9nnykn and return by email it to
Susan Hersh and Erin Schmidt -- Susan.Hersh@usdoj.gov and
Erin.Schmidt2@usdoj.gov. -- at the Office of the United States
Trustee so that it is received no later than 4:00 p.m., on Monday,
Aug. 11, 2025.
If the U.S. Trustee receives sufficient creditor interest in the
solicitation, it may schedule a meeting or telephone conference for
the purpose of forming a committee.
About FCI Sand Operations LLC
FCI Sand Operations LLC is a sand mining and processing company
based in Marble Falls, Texas.
FCI Sand Operations LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-80481) on July 30,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million each.
Judge Michelle V. Larson oversees the case.
The Debtor is represented by Davor Rukavina, Esq. at Munsch Hardt
Kopf & Harr, P.C.
FREEDOM MORTGAGE: S&P Rates $500MM Senior Unsecured Notes 'B'
-------------------------------------------------------------
S&P Global Ratings assigned its 'B' issue rating and '4' recovery
rating to Freedom Mortgage Holdings LLC's $500 million senior
unsecured notes due 2033. The '4' recovery rating indicates its
expectation of average (30%-50%; rounded estimate: 45%) recovery in
a simulated default scenario.
S&P expects the transaction to be leverage neutral. The company
intends to use the net proceeds to refinance existing senior notes
due 2026 and partially repay outstanding borrowings under the
mortgage servicing right (MSR) position of its KeyBank credit
facility, which had an outstanding balance of about $52 million as
of March 31, 2025.
S&P said, "In our view, the transaction doesn't affect the
company's credit quality, and our issuer credit rating on Freedom
(B/Stable/--) is unchanged. The stable rating outlook on Freedom
reflects our expectation that the company will maintain debt to
EBITDA below 5x, debt to tangible equity below 2x, and EBITDA
interest coverage above 2x. We also expect the company will
continue to maintain its servicing book organically and through
purchases, while maintaining sufficient liquidity."
Issue Ratings--Recovery Analysis
Key analytical factors
-- S&P' simulated default scenario contemplates a default in 2028
due to a rapid decline in MSR valuations. Financial strain could
also arise from regulatory changes or operational issues.
-- As the company approaches default in our scenario, S&P assumes
its assets will shrink as it sells MSRs for additional liquidity to
fund operations.
-- Ultimately, S&P assumes the company would breach the advance
rates on its secured funding facilities, leading to covenant
violations that activate cross-acceleration provisions, allowing
unsecured creditors to submit a claim for excess collateral after
selling MSR assets pledged as collateral for priority claims.
-- In such a default scenario, S&P thinks creditors would
liquidate the company's assets. The challenge of selling assets
when the company is distressed incurs an additional realization
factor, or discount.
Simulated default assumptions
-- High delinquency rates leading to depressed MSR valuations.
-- A sustained period of rapid amortization of MSRs with limited
ability to refinance the repayments.
-- Limited new originations, an increase in borrower
delinquencies, and an increase in the discount rate to value MSRs.
Simplified waterfall
-- Net enterprise value (after 5% administrative costs): $7.7
billion
-- Collateral value available to secured debt: $7.7 billion.
-- Total first-lien debt at default: $5.4 billion
-- Collateral value available to senior unsecured note claims:
$2.3 billion
-- Total unsecured debt at default: $5.1 billion
--Recovery expectations: 45% ('4')
Note: All debt amounts include six months of prepetition interest.
FTX TRADING: Binance Ex-CEO Wants to Exit from $1.76B Clawback Suit
-------------------------------------------------------------------
Sydney Price of Law360 reports that former Binance CEO Changpeng
Zhao urged a Delaware bankruptcy judge to remove him from a $1.76
billion clawback lawsuit brought by FTX's bankruptcy estate,
arguing that the disputed transaction occurred outside the court's
jurisdiction and should not be subject to recovery.
About FTX Trading Ltd.
FTX is the world's second-largest cryptocurrency firm. FTX is a
cryptocurrency exchange built by traders, for traders. FTX offers
innovative products including industry-first derivatives, options,
volatility products and leveraged tokens.
Then CEO and co-founder Sam Bankman-Fried said Nov. 10, 2022, that
FTX paused customer withdrawals after it was hit with roughly $5
billion worth of withdrawal requests.
Faced with liquidity issues, FTX on Nov. 9 struck a deal to sell
itself to its giant rival Binance, but Binance walked away from
the
deal amid reports on FTX regarding mishandled customer funds and
alleged US agency investigations.
At 4:30 a.m. on Nov. 11, Bankman-Fried ultimately agreed to step
aside, and restructuring vet John J. Ray III was quickly named new
CEO.
FTX Trading Ltd (d/b/a FTX.com), West Realm Shires Services Inc.
(d/b/a FTX US), Alameda Research Ltd. and certain affiliated
companies then commenced Chapter 11 proceedings (Bankr. D. Del.
Lead Case No. 22-11068) on an emergency basis on Nov. 11, 2022.
Additional entities sought Chapter 11 protection on Nov. 14, 2022.
FTX Trading and its affiliates each listed $10 billion to $50
million in assets and liabilities, making FTX the biggest
bankruptcy filer in the US this year. According to Reuters, SBF
shared a document with investors on Nov. 10 showing FTX had $13.86
billion in liabilities and $14.6 billion in assets. However, only
$900 million of those assets were liquid, leading to the cash
crunch that ended with the company filing for bankruptcy.
The Hon. John T. Dorsey is the case judge.
The Debtors tapped Sullivan & Cromwell, LLP as bankruptcy counsel;
Landis Rath & Cobb, LLP as local counsel; and Alvarez & Marsal
North America, LLC as financial advisor. Kroll is the claims
agent,
maintaining the page https://cases.ra.kroll.com/FTX/Home-Index
The official committee of unsecured creditors tapped Paul Hastings
as bankruptcy counsel; Young Conaway Stargatt & Taylor, LLP as
Delaware and conflicts counsel; FTI Consulting, Inc. as financial
advisor; and Jefferies, LLC as investment banker.
Montgomery McCracken Walker & Rhoads LLP, led by partners Gregory
T. Donilon, Edward L. Schnitzer, and David M. Banker, is
representing Sam Bankman-Fried in the Chapter 11 cases. White
collar crime specialist Mark S. Cohen has reportedly been hired to
represent SBF in litigation. Lawyers at Paul Weiss previously
represented SBF but later renounced representing the entrepreneur
due to a conflict of interest.
GENESIS HEALTHCARE: U.S. Trustee Appoints Creditors' Committee
--------------------------------------------------------------
The U.S. Trustee for Region 6 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Genesis
Healthcare Inc. and affiliates.
The committee members are:
1. Debra F. Constantine
Individually and as Administratrix of the
Estate of Mary E. Miller
c/o Joshua H. Meyeroff, Esq.
Morris James LLP
500 Delaware, Ave. Ste. 1500
Wilmington, DE 19801
jmeyerhoff@morrisjames.com
2. Tanya Turner
Class Representative
c/o Misty M. Lauby
Lauby, Mankin & Lauby LLP
5198 Arlington Ave, PMB 5132
Riverside, CA 92504
misty@lmlfirm.com
3. Mark Adkins
Durable Power of Attorney for Juanita Spurlock
c/o Steven R. Broadwater, Jr.
Stewart Bell, PLLC
30 Capitol St.
P.O. Box 1723
Charleston, WV 25326
srbroadwater@belllaw.com
4. Ignacio Garcia
Individually and as Personal Representative of
Estate of Frances Lupasita Serna
c/o David Adams
Parnall and Adams Law, LLC
2116 Vista Oeste NW, Suite 403
Albuquerque, NM 87120
david@parnalladams.com
5. Joshua Perlin
Vice President and Chief Financial Officer
Omnicare, LLC
6285 West Galveston St. #3
Chandler, AZ 85226
joshua.perlin@omnicare.com
6. Silvana Stankus
Executive Director
New England Healthcare Employees Pension Fund
77 Huyshope Avenue, 2nd Floor
Hartford, CT 06106
sstankus@1199nefunds.org
7. Peter Nenstiel
Senior Vice President Financial Services
Healthcare Services Group, Inc.
3220 Tillman Drive, Suite 300
Bensalem, PA 19020
pnenstiel@hcgcorp.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About Genesis Healthcare
Genesis Healthcare, Inc. (OTC Expert Market: GENN) is a holding
company with subsidiaries that, on a combined basis, comprise one
of the nation's largest post-acute care providers with nearly 200
skilled nursing centers and senior living communities in 17 states
nationwide. Genesis subsidiaries also supply rehabilitation
therapy to approximately 1,500 locations in 43 states and the
District of Columbia.
On July 9, 2025, Genesis Healthcare, Inc. and 298 of its affiliates
and subsidiaries each filed voluntary petitions in Dallas, Texas,
seeking relief under chapter 11 of the United States Bankruptcy
Code (Bankr. N.D. Tex. Lead Case No. 25-80185).
The Debtors listed at least $1 billion in assets and liabilities as
of the bankruptcy filing. As of the Petition Date, the Debtors had
secured debt of $708.5 million and unsecured obligations totaling
$1.568 billion.
The Debtors tapped McDermott Will & Emery LLP as bankruptcy
counsel, and Jefferies, LLC, as investment banker. Ankura
Consulting Group, LLC, provides the services of senior managing
directors Russell A. Perry and Louis E. Robichaux IV as CRO of the
Debtors. Epiq Corporate Restructuring, LLC, is the claims agent.
Counsel to Welltower:
John T. Cox III, Esq.
Gibson, Dunn & Crutcher LLP
2001 Ross Avenue, Suite 2100
Dallas, TX 75201
E-mail: tcox@gibsondunn.com
- and -
Jeffrey C. Krause, Esq.
Michael G. Farag, Esq.
Gibson, Dunn & Crutcher LLP
333 South Grand Avenue
Los Angeles, CA 90071
E-mail: jkrause@gibsondunn.com
mfarag@gibsondunn.com
Counsel to Omega:
Robert J. Lemons, Esq.
Goodwin Proctor LLP
The New York Times Building
620 Eighth Avenue
New York, NY 10018
E-mail: rlemons@goodwinlaw.com
- and -
Leighton Aiken, Esq.
Ferguson Braswell Fraser Kubasta PC
2500 Dallas Parkway, Suite 600
Plano, TX 75093
E-mail: laiken@fbfk.law
Counsel to the Debtors' Prepetition ABL Secured Parties:
Kenneth J. Ottaviano, Esq.
Blank Rome LLP
444 West Lake Street, Suite 1650
Chicago, IL 60606
E-mail: ken.ottaviano@blankrome.com
Counsel to the Debtors' DIP Lenders:
James Muenker, Esq.
DLA Piper LLP
1900 N. Pearl St., Suite 2200
Dallas, TX 75201
E-mail: james.muenker@us.dlapiper.com
GREATER LIFE: Case Summary & Six Unsecured Creditors
----------------------------------------------------
Debtor: Greater Life Church
d/b/a Greater Life Christian Church
5095 Lansing Drive
Winston Salem, NC 27105
Business Description: Greater Life Church operated as a Christian
congregation located in Winston-Salem, North
Carolina. It provided worship services and
religious programs at 5095 Lansing Drive.
Chapter 11 Petition Date: August 4, 2025
Court: United States Bankruptcy Court
Eastern District of North Carolina
Case No.: 25-02972
Judge: Hon. David M Warren
Debtor's Counsel: Joseph Z. Frost, Esq.
BUCKMILLER & FROST, PLLC
4700 Six Forks Road, Suite 150
Raleigh, NC 27609
Tel: 919-296-5040
Fax: 919-890-0356
E-mail: jfrost@bbflawfirm.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
Mark L. Spell, Sr. signed the petition as president.
A full-text copy of the petition, which includes a list of the
Debtor's six unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/OTDWK4Y/Greater_Life_Church__ncebke-25-02972__0001.0.pdf?mcid=tGE4TAMA
HOWARD MIDSTREAM: S&P Rates New Senior Unsecured Notes 'BB-'
------------------------------------------------------------
S&P Global Ratings assigned its 'BB-' issue-level rating and '4'
recovery rating to Howard Midstream Energy Partners LLC's (HEP)
proposed $600 million senior unsecured notes. The company plans to
use the proceeds from the new $600 million notes to repay the
existing $550 million senior unsecured notes due 2028, with the
remainder used to repay outstanding borrowings under its revolving
credit facility. S&P considers the transaction to be leverage
neutral, and therefore the transaction does not affect its overall
view of credit quality at HEP.
S&P said, "At the same time, we raised the issue-level rating on
the existing $600 million senior unsecured notes due 2032 to 'BB-'
from 'B+', with a recovery rating of '4'. The '4' recovery rating
indicates our expectation for average (30%-50%; rounded estimate:
35%) recovery in the event of a default. We raised our rating on
the senior unsecured debt to reflect our reassessment of the
company's valuation in a hypothetical default scenario following
its track record of growth over the past few years due to asset
acquisitions and various growth projects."
HEP is a midstream energy company that owns and operates natural
gas and crude oil gathering and transportation pipelines, natural
gas processing plants, liquid storage terminals, and other related
midstream assets in Texas, New Mexico, Oklahoma, Pennsylvania, and
Mexico. It is owned and operated, in part, by affiliates of AIMCO
(91%), as well as its management and private investors (9%). S&P's
'BB-' issuer credit rating and stable outlook on the company are
unchanged.
Issue Ratings--Recovery Analysis
Key analytical factors
-- S&P said, "Our simulated default scenario assumes a default
occurring in 2029 following a prolonged period of weak commodity
prices, leading to a decline in drilling activity in the South
Texas and the Marcellus regions. This results in reduced volume
flow throughout its footprint and subsequently, reduced revenue and
cash flow. To value the company, we applied a 7x multiple to our
estimated post-default emergence EBITDA of about $221 million. Our
valuation suggests a gross enterprise value of about $1.5
billion."
-- S&P assumes the $1.0 billion RCF is 85% drawn at default. The
85% draw reflects our assumption that in a hypothetical default
scenario, the company has used revolver capacity for an acquisition
or large growth project.
Simulated default assumptions
-- Simulated year of default: 2029
-- EBITDA at emergence: $200 million
-- EBITDA multiple: 7x
Simplified waterfall
-- Net enterprise value (after 5% administrative costs): $1.33
billion
-- Senior secured debt: $882 million
--Recovery expectations: Not applicable
-- Collateral value available to unsecured creditors: $445
million
-- Senior unsecured notes: $1.25 million
--Recovery expectations: 30%-50% (rounded estimate: 35%)
Note: All debt amounts include six months of prepetition interest.
HYPERSCALE DATA: To Raise $100M via Pref. Stock Sale to Ault & Co.
------------------------------------------------------------------
Hyperscale Data, Inc., agreed to sell up to $100 million in Series
H Convertible Preferred Stock to Ault & Company, Inc., a related
party, under a Securities Purchase Agreement. The Series H shares
will rank senior to all other preferred stock except Series C and
Series G, with which they are on par, and will also rank senior to
both Class A and Class B common stock.
Each Preferred Share will have a stated value of $1,000.00 per
share and, upon stockholder approval, will be convertible at the
holder's option into shares of Common Stock at a conversion price
equal to the greater of (i) $0.10 per share, which Floor Price
shall not, except for voting rights purposes, be adjusted for stock
dividends, stock splits, stock combinations and other similar
transactions and (ii) the lesser of (A) $0.79645, or (B) a 5%
premium to the volume weighted average price during the five
trading days immediately prior to the date of conversion. The
Conversion Price will be subject to standard anti-dilution
provisions in connection with any stock split, stock dividend,
subdivision or similar reclassification of the Common Stock. The
Preferred Shares also have "full ratchet" price protection in the
event the Company should issue securities at a lower price than the
Conversion Price. The Preferred Shares will pay a dividend at an
annual rate of 9.5%, which the Company may, during the first two
years, pay in shares of Class A Common Stock.
The proceeds from the Financing will be used for expansion of the
MI data center to support infrastructure upgrades necessary to
support the growing demands of high-performance computing services
powering Artificial Intelligence solutions, repayment of
outstanding indebtedness and general working capital purposes.
"The conversion price of the Preferred Shares is higher than the
current market price. That A&C is willing to invest an additional
up to $100 million, beyond the approximately $51 million that A&C
has already invested in the Company in shares of two virtually
identical series of preferred stock, except that no warrants will
be issued in connection with the Financing, on those terms should
be a clear indicator of our belief that the market has been
undervaluing the Company, which I've been highlighting for years.
This transaction is more than a number -- it's a declaration of my
steadfast confidence in our data centers, the crane company, the
lending firm, and the exceptional portfolio companies we've
nurtured over the past seven years. Each is a vital component of
our collective success," said Milton "Todd" Ault III, Executive
Chairman of Hyperscale Data and Chairman & CEO of Ault & Company,
Inc.
The Agreement provides for several closings through Dec. 31, 2026,
though such dates may be extended by A&C as set forth in the
Agreement. The consummation of the transactions contemplated by
the Agreement, specifically the conversion of the Preferred Shares
in an aggregate number in excess of 19.99% on the execution date of
the Agreement, are subject to various customary closing conditions
as well as regulatory and stockholder approval. In addition to
customary closing conditions, the closing of the Financing is also
conditioned upon the receipt by A&C of financing to consummate the
transaction.
The Preferred Shares will be issued pursuant to the exemption from
registration under Section 4(a)(2) of the Securities Act of 1933,
as amended.
About Hyperscale Data, Inc.
Hyperscale Data, Inc. owns and operates data centers through its
wholly owned subsidiary Sentinum, Inc., providing digital asset
mining, colocation, and hosting services for artificial
intelligence and other industries. Through Ault Capital Group,
Inc., also a wholly owned subsidiary, the Company is engaged in
diverse operations including software, gaming, equipment rental,
defense, industrial, automotive, medical, and hospitality. It also
provides private credit and structured finance services via a
licensed lending unit. The company is headquartered in Las Vegas,
Nevada.
In an auditor's report dated April 15, 2025, Marcum LLP issued a
"going concern" qualification citing that the Company has a
significant working capital deficiency, has incurred significant
losses and needs to raise additional funds to meet its obligations
and sustain its operations. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
Hyperscale Data reported a net loss of $62.54 million for the year
ended Dec. 31, 2024, compared to a net loss of $253.27 million for
the year ended Dec. 31, 2023.
As of March 31, 2025, the Company had cash and cash equivalents of
$4.2 million (excluding restricted cash of $20.4 million), negative
working capital of $149.1 million and a history of net operating
losses. The Company has financed its operations principally
through issuances of convertible debt, promissory notes and equity
securities.
Management does not expect the Company's cash, cash equivalents,
accounts receivable and marketable securities as of March 31, 2025,
to be sufficient to fund operations for 12 months from May 20,
2025. The Company plans to seek additional capital through private
or public sales of equity or debt, the sale of its crypto assets,
or a combination of these. While management believes such funding
sources may be available, there is no assurance the Company can
secure financing when needed or on acceptable terms. Failure to
raise sufficient capital in a timely manner could force the Company
to curtail or cease operations.
INNOVATE CORP: S&P Downgrades ICR to 'SD' on Distressed Exchange
----------------------------------------------------------------
S&P Global Ratings lowered its long-term issuer credit rating on
Innovate Corp to 'SD' (selective default) from 'CC' and its issue
rating on the 8.5% senior secured notes due 2026 to 'D' (default)
from 'CC'. S&P does not assign outlooks to default ratings.
S&P said, "The downgrade follows Innovate's completion of a debt
exchange that we view as distressed. We consider this transaction
distressed based on our view that it offers debtholders less value
than originally promised. Moreover, we believe that if the debt
restructuring hadn't happened, there would be a realistic
possibility of a conventional default over the near to medium term
given the company's weak operating performance and limited
liquidity."
Innovate's newly exchanged 10.5%, $360.3 million senior secured
notes due 2027 will pay interest in kind (PIK) for the two payments
in August 2025 (already completed, in the form of the higher
exchange consideration) and February 2026 and pay cash interest for
the two payments in August 2026 and February 2027. Following the
transaction, only $1.9 million of the existing February 2026 notes
remain outstanding.
S&P said, "In our view, lenders will receive less than originally
promised, because the debt maturity is being extended. Moreover,
while the new notes offer 2% higher interest and an additional
exchange premium, the timing of interest payments is being slowed,
since they will be paid in kind for a year. We also believe the
rates are below what the company would be required to pay for new
capital under current market conditions."
In addition to the exchange offer on its senior secured notes,
Innovate also completed other exchanges and debt maturity
extensions, most of which will also pay interest in kind for the
first period, while all subsequent interest payments are payable in
cash. In total, 81.7% of the company's total outstanding debt as of
June 30, 2025, was exchanged or amended for instruments with longer
maturities.
S&P said, "We expect to reevaluate our issuer credit and issue
ratings on Innovate and its debt over the next week. We believe the
notes exchange and other refinancing transactions have improved the
company's liquidity for the next 12 months. Nevertheless, we
continue to view Innovate's capital structure as unsustainable, and
its longer-term liquidity position remains uncertain. We expect to
review and raise the ratings on Innovate in the coming days, likely
to the 'CCC' category, based on its new capital structure and our
expectations for the company."
INTERNATIONAL DIRECTIONAL: U.S. Trustee Unable to Appoint Committee
-------------------------------------------------------------------
The U.S. Trustee for Region 21, until further notice, will not
appoint an official committee of unsecured creditors in the Chapter
11 case of International Directional Drilling, Inc., according to
court dockets.
About International Directional Drilling
International Directional Drilling, Inc. is a company specializing
in directional drilling services that provides specialized drilling
services for oil and gas exploration, utility installation, or
other underground infrastructure projects where non-vertical well
drilling techniques are required.
International Directional Drilling sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-17606) on
July 2, 2025. In its petition, the Debtor reported between $1
million and $10 million in assets and liabilities.
Honorable Bankruptcy Judge Scott M. Grossman handles the case.
The Debtor is represented by Chad T. Van Horn, Esq.
KIMBERLY-CLARK CORP: Court Dismisses 'Forever Chemicals' Class Suit
-------------------------------------------------------------------
Kenneth H. Ryesky, writing for Wolters Kluwer, reports that court
finds safety concerns to be separate and apart from a product's
central functionality, but can be alleged as fraud by omission
under an unreasonable safety hazard theory.
A federal district court judge in San Francisco, California has
dismissed a putative class action lawsuit against Kimberly-Clark
alleging toxic chemicals in Huggies brand baby wipes. The court
found that the complaint did not plausibly plead fraud under the
California consumer protection statutes, and also found the
complaint deficient in pleading a duty to disclose the allegedly
omitted information. The unjust enrichment claim was dismissed as
duplicative, and the breach of express warranty claim was
insufficiently alleged. The court dismissed the entire complaint,
while giving the plaintiffs leave to replead all claims (Erickson
v. Kimberly-Clark Corp., No. 3:24-cv-07032-AMO (N.D. Cal. July 28,
2025)).
Background. Polyfluoroalkyl and perfluoroalkyl substances
(collectively, PFAS) are a class of synthetic organofluorine
chemical compounds that have been scientifically demonstrated to
correlate with ill health effects in humans and animals. PFAS are
often referred to as "forever chemicals" because they decompose
slowly if at all, and are not readily excreted from the body.
The Kimberly-Clark Corporation (K-C) produces and markets the
Huggies(R) brand line of baby and childcare products, including
Huggies® Simply Clean® fragrance-free baby wipes, whose packaging
and labeling characterizes the product using terms such as
"Hypoallergenic," "Dermatologically Tested," "Alcohol Free," and
"Paraben Free," and being formulated with "gentle ingredients." Two
California resident individuals each purchased this product online
and/or in brick-and-mortar stores. A sample of that product was
tested by an accredited testing laboratory. Laboratory test results
found a PFAS content level of 305 parts per trillion.
The EPA had issued a health advisory level for PFAS compounds
perfluorooctanoic acid (PFOA) at four parts per quadrillion, and
perfluorooctanesulfonate (PFOS) at 20 parts per quadrillion. The
two California individuals filed a putative class action complaint
against K-C, alleging that K-C "omitted and concealed that the
Product contains—or risks containing—dangerous levels of PFAS."
The complaint asserted counts based upon (1) California’s
Consumer Legal Remedies Act (CLRA) [Cal. Civ. Code Sec. 1770]; (2)
California Unfair Competition Law (UCL) [Cal. Bus. & Prof. Code
Sec. 17200 et seq.]; (3) California False Advertising Law (FAL)
[Cal. Bus. & Prof. Code Sec. 17500]; (4) breach of express
warranty; and (5) unjust enrichment. K-C moved to dismiss the
complaint for failure to state a claim upon which relief may be
granted [Fed. R. Civ. P. 12(b)(6)].
Fraud claims-misrepresentation. The judge granted K-C's motion to
dismiss the claims of fraud through misrepresentation. As is common
in California court adjudications, the CLRA, FAL, and the fraud
prong of the UCL were analyzed together because claims under each
of these statutes must show that members of the public who are
reasonable consumers would likely be deceived. Here, the plaintiffs
contended that the term "plant-based" on the packaging and on K-C's
Internet website would lead a reasonable consumer to believe that
the product does not contain PFAS or other chemicals that are
harmful to babies. The product page, however, qualified the term
"plant-based*" with an asterisk indicating "70% + by weight." A
reasonable consumer would not be led by this qualifying language to
believe that the product contains zero non-natural ingredients.
Moreover, if, as alleged, the packaging statements are deceptive
when considered together with one another, the complaint did not
specify the particulars required under the enhanced pleading
standard for fraud [Fed. R. Civ. P. 9(b)].
Fraud claims-omission. The court granted K-C's motion to dismiss
the claims of omission-based fraud. No facts are alleged in the
complaint from which a reasonable consumer could infer toxicity in
the baby wipes product. The EPA's health advisories for PFOA and
PFOS were specifically for drinking water, and not for products of
external application such as baby wipes. None of the omission
claims set forth in the complaint were "contrary to a
representation actually made by" K-C.
Additionally, the complaint did not plausibly plead that K-C had
any duty to disclose any of the allegedly omitted information. The
alleged presence of PFAS in the baby wipes was a safety concern
that did not affect the "central functionality" of the product.
The complaint's unjust enrichment claim was duplicative of the
fraud-based claims, and accordingly dismissed as well.
The Case is No. 3:24-cv-07032-AMO.
Judge: Olguin, A.
Attorneys: Joshua B. Glatt (Bursor & Fisher P.A.) for Bridget
Erickson. Timothy William Loose (Gibson, Dunn & Crutcher LLP) for
Kimberly-Clark Corp.
Companies: Kimberly-Clark Corp.
Cases: Advertising StateUnfairTradePractices CaliforniaNews [GN]
KLARVIO LLC: Seeks Subchapter V Bankruptcy in Texas
---------------------------------------------------
On July 31, 2025, Klarvio LLC filed Chapter 11 protection in
the Western District of Texas. According to court filing, the
Debtor reports $1,186,915 in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About Klarvio LLC
Klarvio LLC is a boutique certified public accounting firm that
provides small businesses with tax planning and preparation,
bookkeeping and accounting, and strategic advisory services. The
firm incorporates modern technology to streamline financial
processes and tailor its guidance to each client's needs.
Klarvio LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. ) on July 2, 2025. In its petition, the Debtor reports
total assets of $115,457 and total debts of $1,186,915.
Honorable Bankruptcy Judge Christopher G. Bradley handles the
case.
The Debtor is represented by Robert C. Lane, Esq. at THE LANE LAW
FIRM.
LBM ACQUISITION: Fitch Alters Outlook on 'B' LongTerm IDR to Neg.
-----------------------------------------------------------------
Fitch Ratings has assigned a 'B' rating with a Recovery Rating of
'RR4' to LBM Acquisition, LLC's (LBM) proposed offering of first
lien senior secured term loan B (TL B) and senior secured notes due
2031. Proceeds will refinance the existing TL B and Holdco
payment-in-kind (PIK) notes, both due 2027 and pay down ABL
borrowings.
Fitch affirmed LBM's Long-Term Issuer Default Rating (IDR) at 'B',
revised the Rating Outlook to Negative from Stable and upgraded
BCPE Ulysses Intermediate, Inc. (BCPE) IDR to 'B' from 'B-', with a
Negative Outlook. BCPE's IDR upgrade reflects repayment of Holdco
PIK Notes, aligning consolidated leverage with LBM's standalone
leverage. Additionally, Fitch affirmed the rating on the company's
ABL facility at 'BB'/'RR1', existing TL B at 'B'/'RR4', and senior
unsecured notes at 'CCC+'/'RR6'.
The Negative Outlook reflects Fitch's expectation that credit
metrics will remain weak over the intermediate term, increasing the
risk of downgrade absent significant financial improvement.
Key Rating Drivers
Elevated Leverage: Fitch-calculated consolidated EBITDA leverage
was 7.8x (including BCPE's PIK notes) for the LTM ended March 31,
2025. Fitch projects leverage will increase to around 8.5x by YE
2025, reflecting lower volumes and margins in a weaker demand
environment, and to decline around 7.0x by YE 2026, supported by
margin improvement and SG&A cost optimization. Fitch expects LBM's
EBITDA leverage will be outside Fitch's negative rating sensitivity
of 6.5x through at least the end of 2026, before declining in
2027.
Absent a meaningful improvement in operating performance,
deleveraging is likely to remain constrained. Additionally,
significant declines in EBITDA margins or a sharp, sustained drop
in lumber prices could result in elevated leverage levels, which
could lead to a downgrade of the IDR.
Subdued Demand Environment: Fitch expects demand weakness as new
residential and commercial construction activity remain challenged
amid uncertain tariff policies and higher interest rates. New
housing activity is projected to remain slightly negative in 2025,
with single-family starts down by mid-single digits and multifamily
starts up by double digits; however, ongoing affordability issues
will continue to constrain overall housing demand.
Fitch's rating case assumes a high single-digit organic revenue
decline this year, with lumber prices averaging $400-$450 per
thousand board feet. The forecast projects organic revenues will
rise 1%-3% in 2026 as construction activity improves.
Relatively Low but Resilient Margins: Fitch expects EBITDA margins
to settle between 7% and 8% in 2025, which is below the previous
expectation of 8%-9% and the 8.8% margin achieved in 2024. The
downward revision in EBITDA margin expectations reflects a more
pronounced demand weakness, resulting in lower operating leverage
from reduced volumes. LBM's high variable cost structure and
ability to manage working capital should help preserve positive FCF
and liquidity through a modest construction downturn.
Highly Cyclical End Markets: The majority of LBM's sales are highly
cyclical end markets, and its substantial exposure to new
construction negatively weighs on the credit profile. LBM estimates
that about 68% of 2024 sales were to new home construction and 12%
to commercial new construction and other end markets. The remaining
20% of sales were to the repair and remodel end markets, which
Fitch views as less cyclical than new construction. Fitch expects
the company's high exposure to the new residential construction and
lumber sales to result in more volatile earnings and credit
metrics.
Aggressive Capital Allocation: Fitch expects ownership under Bain
Capital and Platinum Equity to manage LBM's balance sheet
aggressively through further debt-financed acquisitions and
occasional shareholder distributions. Fitch expects LBM to continue
consolidating the building products distribution sector during the
rating horizon. Fitch believes ownership has a high leverage
tolerance, including debt-financed acquisitions. The company
previously made $650 million in shareholder distributions in 2022
and $500 million in 2023. However, LBM has not made any
distributions in 2024, and Fitch does not expect meaningful
distributions in 2025.
Commodity Deflation, Earnings Decline: LBM's revenues and EBITDA
margins have exposure to lumber prices, as wood products account
for 25% of sales and contribute lower gross margins compared to
specialty products. Revenues from wood products are sensitive to
lumber prices fluctuations, with period of deflation leading to
lower overall gross profit, while period of inflation provide
opportunity for higher overall gross profit.
Broad Product Offering: LBM offers a comprehensive range of
products including, structural, interior and exterior products. LBM
also offers installation services and light manufacturing,
positioning itself as a one-stop shop for residential and
commercial construction needs. This broad product breadth provides
LBM a competitive advantage over smaller distributors and
diversifies its supplier base.
Competitive Position: LBM has strengthened its competitive position
in the pro building products sector in recent years. Fitch
estimates LBM is among the largest pro building products
distributors in the U.S. by revenue. However, LBM's competitive
position is weaker than investment-grade building product
manufacturer peers, due to the highly fragmented nature of the
distribution industry and its exposure to commoditized product
offerings.
Parent and Subsidiary Linkage: Fitch considers LBM to have a
stronger credit profile than its parent BCPE, due to LBM's
unrestricted access to operating cash flows. BCPE, the issuer of
the financial statements, has no operations, has qualified access
to cash flows, and no debt with Holdco PIK note repayment. By
following the 'Stronger Subsidiary Path', Fitch categorizes 'legal
ring fencing' and 'access & control' as 'porous'. Fitch assesses
LBM's standalone and consolidated credit profiles at a 'b' rating
level, with leverage levels appropriate for this rating. Therefore,
no upward notching applies to LBM and both BCPE and LBM are rated
'b'.
Peer Analysis
LBM's scale is a credit strength relative to other 'B' category
building products distributor and manufacturer peers, such as Park
River Holdings, Inc. (B-/Stable), Doman Building Materials Group
Ltd. (Doman; B+/Stable) and Chariot Buyer LLC (dba Chamberlain
Group; B-/Stable). LBM has meaningfully weaker profitability
metrics than Chamberlain Group and has similar leverage. LBM's
margins are slightly lower than Park River but with similar
leverage. Doman has lower margins but significantly lower leverage
than LBM.
LBM is more exposed cyclical new construction market relative to
these peers. Overall financial flexibility among these peers is
comparable, with no material debt maturities in the near- to
intermediate-term.
LBM's 'B' IDR reflects its strong market position within the
building products distribution sector and positive operating
cashflow, partially offset by a weaker competitive position and
operating margins relative to higher-rated products manufacturers.
Key Assumptions
- Organic revenue decreases by high-single digits in 2025 and
increase by low single digits in 2026;
- EBITDA margins between 7.0% and 8.0% in 2025 and between 8.0% and
9.0% in 2026;
- EBITDA leverage is around 8.0x to 9.0x in 2025 and 6.5x to 7.5x
in 2026;
- Capex of 1.0% to 1.5% of revenues in 2025 and 1.5% to 2.0% in
2026;
- FCF margin between 1.5% and 2.5% in 2025 and 2026;
- $125 million in acquisitions in 2025, with no incremental
acquisitions during the second half of 2025 and minimal
acquisitions in 2026;
- No shareholder distributions in 2025 and 2026;
- Average secured overnight financing rate (SOFR) of 4.25% in 2025
and 3.75% in 2026.
Recovery Analysis
The recovery analysis assumes that LBM would be considered a going
concern (GC) in bankruptcy rather than liquidated. Fitch has
assumed a 10% administrative claim and a 3% concession payment from
LBM's secured lenders to LBM's unsecured bondholders in the
analysis.
Fitch's GC EBITDA estimate of $500 million estimates a
post-restructuring sustainable EBITDA. The GC EBITDA is based on
Fitch's assumption that distress would result from a weakening
housing market combined with sustained competitive pressures, and
poor operating performance.
Fitch estimates that annual revenues to be about 15% below pro
forma 2024 levels, and a Fitch-adjusted EBITDA margins around 7.5%
to 8.0%, reflecting the company's lower revenue base after emerging
from a housing downturn and a sustainable margin profile post
right-sizing. This results in Fitch's $500 million GC EBITDA
assumption.
Fitch applies a 6.0x GC EBITDA multiple to calculate the enterprise
value (EV) in a recovery scenario. This multiple is comparable to
that used for Park River Holdings, Inc., which has higher margins,
but is considerably smaller than LBM. The 6.0x multiple is higher
than the 5.5x multiple utilized for New AMI I, LLC (B/Stable) and
Doman Building Products Group (B+/Stable), both of which are
smaller in scale and have narrower product offerings than LBM.
Conversely, LBM's GC EBITDA multiple is lower than Chamberlain
Group's at 6.5x, reflecting Chamberlain's leading market position
and meaningfully stronger profitability metrics through the cycle
compared to LBM.
In a recovery scenario, Fitch assumes that the borrowing base under
the company's $1.75 billion ABL revolver would shrink as inventory
and receivable balances decline due to lower revenue and EBITDA.
Fitch estimates that the ABL revolver would have $1.2 billion
outstanding at recovery, accounting for potential reductions in the
borrowing base resulting from deflating lumber prices and reduced
volumes. This revolver would hold prior-ranking claims over the
senior secured term loan B in the recovery analysis.
The analysis results in a Recovery Rating of 'RR1' for the $1.75
billion ABL and 'RR4' for LBM's $3.6 billion of first-lien debt,
which includes the proposed term loan B and senior secured notes.
LBM's unsecured debt receive recoveries corresponding to an 'RR6'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Fitch's expectation that consolidated EBITDA leverage will be
sustained above 6.5x;
- (CFO-capex)/debt consistently below 4%;
- Escalation of shareholder friendly activity; this may include
additional debt at the holdco, such that Fitch deems the
probability of default materially increasing at LBM, or dividends
decisions at LBM aimed at supporting the holdco;
- EBITDA interest coverage falls below 2.0x;
- Fitch's expectation that FCF will approach neutral to negative.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Fitch expects to revise the Outlook to Stable if the consolidated
EBITDA leverage approaches 6.5x;
- Fitch's expectation that consolidated EBITDA leverage will be
sustained below 5.0x;
- (CFO-capex)/debt consistently above 7%;
- The company lowers its end-market exposure to the new home
construction market to less than 50% of sales in order to reduce
earnings cyclicality and credit metric volatility through the
housing cycle;
- LBM maintains a strong liquidity position, with no material
short-term debt obligations.
Liquidity and Debt Structure
LBM had $34.2 million of cash as of March 31, 2025, and about
$682.2 million of borrowing availability under its $1.75 billion
ABL facility with a $100 million tranche maturing in May 2027 and
the remaining balance in June 2029. The company's near-term debt
maturities are limited to 1% term loan amortization per year until
due in June 2031.
The company's interest rate hedging allows it to manage EBITDA
interest coverage levels over the intermediate-term, which Fitch
anticipates being an elevated interest rate environment. Fitch
expects EBITDA interest coverage will be sustained between
1.5x-2.5x over the intermediate-term.
Issuer Profile
LBM is one of the largest U.S. pro building products distributors
by annual revenues in the highly fragmented distribution industry.
The company offers a broad suite of product offerings to
homebuilders, commercial construction customers, and repair and
remodel professionals.
Summary of Financial Adjustments
Fitch adds back nonrecurring transaction expenses, stock-based
compensation and inventory step-up charges to Fitch-adjusted
EBITDA.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
LBM Acquisition, LLC LT IDR B Affirmed B
senior secured LT B New Rating RR4
senior unsecured LT CCC+ Affirmed RR6 CCC+
senior secured LT BB Affirmed RR1 BB
senior secured LT B Affirmed RR4 B
BCPE Ulysses
Intermediate, Inc. LT IDR B Upgrade B-
LIFESCAN GLOBAL: Davis Polk & Norton Rose Represent Ad Hoc Group
----------------------------------------------------------------
The law firms of Davis Polk & Wardwell LLP and Norton Rose
Fulbright US LLP ("NRF") filed a verified statement pursuant to
Rule 2019 of the Federal Rules of Bankruptcy Procedure to disclose
that in the Chapter 11 cases of LifeScan Global Corporation and
affiliates, the firms represent the Ad Hoc Group.
In or around December 2022, the Ad Hoc Group engaged Davis Polk to
represent it in connection with the Members' holdings of
indebtedness of the Debtors. In or around June 2025, the Ad Hoc
Group engaged NRF to act as co-counsel in the Chapter 11 Cases.
Counsel represents only the Ad Hoc Group and does not represent or
purport to represent any entities other than the Ad Hoc Group in
connection with the Chapter 11 Cases. In addition, the Ad Hoc Group
does not claim or purport to represent any other entity and
undertakes no duties or obligations to any entity.
The Members, collectively, beneficially own (or are the investment
advisors or managers for funds that beneficially own) or manage
approximately (i) $317 million in aggregate principal amount of
First Lien Loans and (ii) $200 million in aggregate principal
amount of Second Lien Term Loans.
Counsel does not hold any claim against, or interests in, the
Debtors or their estates, other than claims for fees and expenses
incurred in representing the Ad Hoc Group. Davis Polk's address is
450 Lexington Avenue, New York, New York 10017. NRF's address is
1550 Lamar Street, Suite 2000, Houston, Texas 77010.
The Ad Hoc Group Members' address and the nature and amount of
disclosable economic interests held in relation to the Debtors
are:
1. Certain funds and/or accounts, or subsidiaries of such funds
and/or accounts, managed, advised or
controlled by BRIGADE CAPITAL MANAGEMENT, LP, or a subsidiary or
an affiliate thereof
399 Park Avenue, 16th Floor
New York, NY 10022
* $217,985,787 in aggregate principal amount of First Lien Term
Loans
* $14,094,400 in aggregate principal amount of Second Lien Term
Loans
2. CANYON CAPITAL ADVISORS LLC and CANYON CLO ADVISORS L.P., each
on behalf of its participating clients
2728 N. Hardwood St., 2nd Fl.
Dallas, TX 75201
* $44,069,164 in aggregate principal amount of First Lien Term
Loans
* $185,805,600 in aggregate principal amount of Second Lien Term
Loans
3. Certain funds and/or accounts, or subsidiaries of such funds
and/or accounts, managed, advised or
controlled by FS INVESTMENTS, or a subsidiary or an affiliate
thereof
201 Rouse Boulevard,
Philadelphia, PA 19112
* $40,540,682 in aggregate principal amount of First Lien Term
Loans
4. Certain funds and/or accounts, or subsidiaries of such funds
and/or accounts, managed, advised or
controlled by SOUND POINT CAPITAL MANAGEMENT, LP, or a
subsidiary or an affiliate thereof
375 Park Avenue, 34th Floor
New York, NY 10152
* $13,972,500 in aggregate principal amount of First Lien Term
Loans
Counsel for the Ad Hoc Group:
Jason L. Boland, Esq.
Robert B. Bruner, Esq.
Julie Harrison, Esq.
NORTON ROSE FULBRIGHT US LLP
1550 Lamar Street
Suite 2000
Houston, Texas 77010
Telephone: (713) 651-3769
E-mail: jason.boland@nortonrosefulbright.com
E-mail: bob.bruner@nortonrosefulbright.com
E-mail: julie.harrison@nortonrosefulbright.com
Damian S. Schaible, Esq.
Michael Pera, Esq.
DAVIS POLK & WARDWELL LLP
450 Lexington Avenue
New York, NY 10017
Telephone: (212) 450-4000
Facsimile: (212) 701-5800
E-mail: damian.schaible@davispolk.com
E-mail: michael.pera@davispolk.com
About LifeScan Global Corporation
LifeScan delivers personalized health, wellness, and digital
solutions to individuals living with diabetes. Since 1981, LifeScan
has advanced glucose care and diabetes management with pioneering
technologies and new products, and is actively engaged in
designing, developing, manufacturing, and marketing devices,
software, and applications. Its comprehensive portfolio of
diabetes-related products and services includes blood glucose
monitoring devices, blood glucose test strips, lancing devices, and
digital applications.
LifeScan Global Corp. sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Texas Case No. 25-90259) on July
15, 2025. As of the Petition Date, the Debtors have approximately
$786 million assets and approximately $1.7 billion in liabilities.
Judge Alfredo R Perez presides over the case.
Megan Young-John and John F Higgins, IV at Porter Hedges LLP,
represent the Debtor as legal counsel.
LINDBLAD EXPEDITIONS: S&P Raises ICR to 'B' on Strong Performance
-----------------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on U.S.-based
expedition cruise and land-based adventure travel provider Lindblad
Expeditions Holdings Inc. to 'B' from 'B-'.
S&P said, "At the same time, we assigned our 'B' issue-level rating
and '3' recovery rating to the company's proposed $650 million
senior secured notes. The '3' recovery rating indicates our
expectation of meaningful (50%-70%; rounded estimate: 55%) recovery
in the event of a default.
"The stable outlook reflects our expectation that Lindblad's
forward bookings will support further occupancy recovery, driving
EBITDA and cash flow growth and continued deleveraging to the
mid-5x area in 2025.
"The upgrade reflects our expectation that Lindblad's forward
bookings, ongoing occupancy recovery toward pre-pandemic levels,
and EBITDA contribution from recent acquisitions in its land-based
portfolio will reduce leverage to the mid-5x area this year.
Lindblad's net yields grew 13% in the second quarter of 2025, and
occupancy improved to 86% from 78%. Despite some choppiness in
April following the initial U.S. tariff announcements, momentum has
remained strong, with 2025 and 2026 bookings outpacing those of
previous years. As a result, management raised its full-year 2025
revenue and EBITDA guidance and reaffirmed its target of occupancy
recovery to above 90% in 2026. We also expect incremental revenue
and EBITDA contributions from its new Galapagos ships and the
acquisition of Wineland-Thomson Adventures, driving total revenue
growth of 15%-17% and S&P Global Ratings-adjusted EBITDA of $130
million-$135 million in 2025. We expect that material margin
improvement from increasing net yields and economies of scale as
occupancy recovers will be partly offset by a boost in marketing
spending as part of the company's expanded partnership with
National Geographic. We believe this could be a significant expense
over time because there will be incremental step-ups in royalty
payments to National Geographic and Disney in 2026 and beyond.
"Nevertheless, as a result of Lindblad's strong forward bookings,
which provide high revenue and cash-flow visibility, we now expect
leverage will decline to the mid-5x area in 2025 and further
improve to the low-5x area in 2026 from approximately 7x at the end
of 2024. This supports the upgrade and provides a good cushion
relative to our 6.5x leverage downgrade threshold for Lindblad at
the 'B' rating."
Lindblad is issuing $650 million in senior secured notes due 2030
and will use the proceeds, along with cash from the balance sheet,
to repay its existing secured notes due 2027 and 2028. In
conjunction with the transaction, Lindblad is upsizing its revolver
to $60 million and extending its maturity to 2030. The proposed
transaction is largely debt-for-debt and therefore leverage
neutral. However, it improves the company's maturity profile, and
the upsized revolver will increase its liquidity.
Macroeconomic risks could impair Lindblad's cash-flow recovery. S&P
Global economists expect the U.S. economy's resilience to wane in
the second half of this year, when growth slips below trend and the
unemployment rate rises. Real GDP growth looks set to slow through
year-end as relatively high interest rates continue to weigh on
residential and nonresidential investment. In addition, there's
been a pullback in commercial and consumer spending amid policy
uncertainty.
If economic conditions weaken, demand for cruise bookings could
decline due to stock market volatility hurting its affluent target
customer demographic, leading them to reduce their discretionary
spending on travel. This could slow leverage improvement following
years of very depressed cash flow and extraordinarily high
leverage, especially if costs remain elevated because of sticky
inflation. In addition, an escalation in geopolitical conflicts
could lead to increased cancellations for some itineraries if
consumers avoid traveling to affected regions. Given Lindblad's
small scale and limited geographic diversity, elevated
cancellations from regional conflicts can affect its operating
performance more significantly than that of larger,
more-diversified peers in the cruise industry.
Still, Lindblad's long booking window provides good revenue
visibility, and its more affluent customers might be less affected
by a weaker macroeconomic backdrop than other customer segments.
Lindblad's niche product offering in the adventure cruise segment
results in a relatively small addressable customer base, but during
a recession, its brand concentration with National Geographic and
small scale (in terms of ships and itineraries) might be less
vulnerable to price discounting and generate higher net yields than
other cruise operators.
S&P said, "Financial policy decisions, including leveraging
acquisitions, pose risks to our base case, though we expect
Lindblad will be prudent. The company has sufficient liquidity,
with an unrestricted cash balance--pro forma for the proposed
refinancing--of about $188 million and full availability under its
proposed $60 million revolving credit facility. Nevertheless, we
expect the company will continue to use excess cash to purchase
ships to expand its fleet and make acquisitions that diversify its
land-based offerings. In 2024, Lindblad acquired Wineland-Thomson
Adventures for $30.0 million, consisting of $24.0 million in cash
and $6.0 million in Lindblad common stock. More recently, in
January 2025, the company acquired Torcatt Enterprises Limitada, a
holding company that operates two vessels in the Galapagos Islands,
for $16.0 million in cash.
"Although Lindblad has a demonstrated track record of integrating
tuck-in acquisitions, we believe the company could use leverage if
there's a suitable acquisition opportunity. In addition, the
expansion opportunities from the extended partnership with National
Geographic could incentivize Lindblad to increase capacity with
newer and larger ships over the next several years, which could be
funded with additional debt, potentially resulting in increased
leverage and limiting ratings upside.
"The stable outlook reflects our expectation that continued
recovery in revenue, EBITDA, and cash flow based on Lindblad's
forward bookings will support leverage declining to the mid-5x area
by the end of 2025 and to the low-5x area in 2026.
"We could lower the rating if operating performance is weaker than
we expect, such that leverage increases above 6.5x. This could
result from a material pullback in consumer spending and demand for
cruising due to a macroeconomic slowdown. A downgrade could also
stem from heightened customer travel fears related to escalating
geopolitical conflicts diminishing Lindblad's ability to sail and
resulting in a spike in cancellations and material underperformance
relative to our base case.
"We could consider another one-notch upgrade if we believe the
company's revenues and EBITDA will improve enough to allow it to
sustain S&P Global Ratings-adjusted leverage under 5x. This could
occur if Lindblad is able to achieve further occupancy recovery and
higher net yields than we assume in our base-case forecast."
LOOP MEDIA: $1 Million Agile Loan Accelerated After Payment Default
-------------------------------------------------------------------
As previously reported, Loop Media, Inc. along with its
wholly-owned subsidiary, Retail Media TV, Inc., entered into the
following loan agreements with and issued the following promissory
notes to Agile Lending, LLC, a Virginia limited liability company,
and Agile Capital Funding, LLC, as collateral agent:
* Subordinated Business Loan and Security Agreement dated
December 27, 2024 (the "Agile $660,000 Loan Agreement"), evidenced
by a Subordinated Secured Promissory Note in the original principal
amount of $660,000 (the "Agile $660,000 Note" and such loan, the
"Agile $660,000 Loan"); and
* Subordinated Business Loan and Security Agreement dated
March 25, 2025 (the "Agile $800,000 Loan Agreement"), evidenced by
a Subordinated Secured Promissory Note in the original principal
amount of $800,000 (the "Agile $800,000 Note" and such loan, the
"Agile $800,000 Loan," and together with the Agile $660,000 Loan,
the "Agile Loans"). The Agile $660,000 Loan Agreement, the Agile
$660,000 Note, the Agile $800,000 Loan Agreement and the Agile
$800,000 Note are collectively referred to as the "Loan
Documents."
On July 21, 2025, the Company received a notice of default and
acceleration letter from the Lender wherein the Lender called a
default under the Loan Documents for the Company's failure to make
payments when and as due under the Loan Documents, and pursuant to
Section 9.1 of the Loan Agreements, the Lender accelerated all
amounts owed under the Agile Loans in the aggregate amount of
$1,000,476. If the Company is unable to comply with the demands set
out in the July 21 Notice, there can be no assurance as to whether
the Lender will seek to pursue its rights and remedies under the
Loan Documents, including without limitation its rights to the
Collateral (as defined in the Loan Documents).
About Loop Media
Headquartered in Burbank, Calif., Loop Media, Inc., a Nevada
corporation, is a multichannel digital video platform media company
that uses marketing technology, or "MarTech," to generate its
revenue and offer its services. The Company's technology and vast
library of videos and licensed content enable it to curate and
distribute short-form videos to connected televisions ("CTV") in
out-of-home ("OOH") dining, hospitality and retail establishments,
convenience stores and other locations and venues to enable the
operators of those locations to inform, entertain and engage their
customers. The Company's technology also provides businesses the
ability to promote and advertise their products via digital signage
and provides third-party advertisers with a targeted marketing and
promotional tool for their products and services.
Costa Mesa, California-based Marcum LLP, the Company's auditor
since 2020, issued a "going concern" qualification in its report
dated Dec. 12, 2024, citing that the Company has incurred recurring
losses resulting in an accumulated deficit, had negative cash flows
used in operations, and needs to raise additional funds to meet its
obligations and sustain its operations. These conditions raise
substantial doubt about the Company's ability to continue as a
going concern.
MADDISON REVOCABLE TRUST: Voluntary Chapter 11 Case Summary
-----------------------------------------------------------
Debtor: Maddison Revocable Trust
115 W Peachtree PI NW, Unit 313
Atlanta GA 30313
Business Description: Maddison Revocable Trust, with Kareem A.
Maddison as trustee, is associated with real
estate assets in Atlanta, Georgia, including
a residential property located at 1696
Nottingham Way NE. The property is a
single-family home in the Sherwood Forest
neighborhood.
Chapter 11 Petition Date: August 4, 2025
Court: United States Bankruptcy Court
Northern District of Georgia
Case No.: 25-58758
Judge: Hon. Lisa Ritchey Craig
Debtor's Counsel: Jason Pettie, Esq.
TAYLOR DUMA, LLP
1600 Parkwood Cir
Atlanta GA 30339
Tel: (770) 434-6868
E-mail: jasonpettie@gmail.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Kareem Maddison as trustee.
The Debtor failed to attach a list of its 20 largest unsecured
creditors to the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/ZFFQ73A/Maddison_Revocable_Trust__ganbke-25-58758__0001.0.pdf?mcid=tGE4TAMA
MADDISON REVOCABLE: Tamara Miles Ogier Named Subchapter V Trustee
-----------------------------------------------------------------
The U.S. Trustee for Region 21 appointed Tamara Miles Ogier, Esq.,
at Ogier, Rothschild & Rosenfeld, PC as Subchapter V trustee for
Maddison Revocable Trust.
Ms. Ogier will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Ogier declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Tamara Miles Ogier, Esq.
Ogier, Rothschild & Rosenfeld, PC
P.O. Box 1547
Decatur, GA 30031
Phone: (404) 525-4000
About Maddison Revocable Trust
Maddison Revocable Trust filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. N.D. Ga. Case No.
25-58758) on August 4, 2025, with $1,000,001 to $10 million in
assets and liabilities.
Judge Lisa Ritchey Craig presides over the case.
Jason L. Pettie, Esq., at Taylor English Duma represents the Debtor
as legal counsel.
MARK'S POOL: Unsecureds Will Get 16% of Claims over 5 Years
-----------------------------------------------------------
Mark's Pool Service, LLC, filed with the U.S. Bankruptcy Court for
the Eastern District of Pennsylvania a Plan of Reorganization for
Small Business dated July 29, 2025.
The Debtor was established in 2017 with the goal of providing
comprehensive services for existing residential and commercial
swimming pools in the Lehigh Valley area. The Debtor specializes in
maintenance, repairs, upgrades, and equipment installations,
offering a full-service solution to pool owners.
Between 2020 and 2023, the Debtor experienced significant growth
due to increased demand. In response, the Debtor expanded its
operations and invested in equipment to meet customer needs.
However, the financial impact of the COVID-19 pandemic, including
rising operational costs and supply chain disruptions, created
substantial challenges. The rapid expansion during this period,
combined with pandemic-related economic pressures resulted in
financial strain that has been difficult to overcome.
To address these arduous challenges, the Debtor has initiated a
strategic restructuring plan aimed at reducing existing debt and
improving operational efficiency. This includes streamlining
services, optimizing resource allocation, and focusing on core
business areas such as pool sales and service. These measures are
designed to stabilize the Debtor's financial position and support
sustainable growth.
The Debtor's financial information projections show that the Debtor
will have a projected disposable income of $4,063.00 per month.
See, Exhibit B. This projected disposable income will be used first
to make payments to the secured creditors, followed by pro-rata
payments to the unsecured creditors. Put simply, the Debtor's
financial information projections show that the Debtor will have an
aggregate monthly average cash flow in an amount sufficient to meet
its obligations under the Plan. Therefore, the Plan is feasible.
The final Plan payment is expected to be paid in 2030.
This Plan under Chapter 11 of the Bankruptcy Code proposes to pay
creditors of the Debtor from the cash flow generated from the
Debtor's future sales.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the Debtor has valued at approximately
sixteen (0.16) cents on the dollar from the monthly payments to be
made under this Plan. This amounts to a sixteen (16%) percent
distribution. The Plan also provides for the payment of
administrative and priority tax claims.
Class 2 shall consist of all allowed non-priority unsecured claims
including, all Deficiency Claims. Each holder of a Class 2 claim
shall be paid a pro rata share of the Debtor's disposable income
over a five-year period pursuant to the terms of the Plan. This
Class is impaired.
Class 3 shall consist of the rights of equity security members of
the Debtor. Upon confirmation, the equity interests of the Debtor
shall remain intact in their present form.
The Plan shall be funded through the disposable income generated by
the Debtor's future operations.
A full-text copy of the Plan of Reorganization dated July 29, 2025
is available at https://urlcurt.com/u?l=M0ActO from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Paul B. Maschmeyer, Esq.
Maschmeyer Marinas, PC
629A Swedesford Rd.
Swedesford Corporate Center
Malvern, PA 19355
Telephone: (610) 296-3325
Email: pmaschmeyer@maschmarinas.com
About Mark's Pool Service, LLC
Mark's Pool Service, LLC, doing business as MPS Custom Pools, is a
pool contractor serving the Lehigh Valley area. It specializes in a
variety of services, from custom pool design and construction to
regular maintenance. Its offerings include concrete pools, custom
above-ground pools, custom inground pools, semi-inground pools,
fiberglass pools, pool renovations, tile work, upgrades, vinyl
pools, and weekly cleaning services.
Mark's Pool Service sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-10348) on January 28,
2025, with $100,000 to $500,000 in assets and $1 million to $10
million in liabilities. Mark D. Reynard, president of Mark's Pool
Service, signed the petition.
Judge Patricia M. Mayer presides over the case.
Frank S. Marinas, Esq. at Maschmeyer Marinas, P.C. represents the
Debtor as legal counsel.
MARSH TOWN: Unsecured Creditors to be Paid in Full over 3 Years
---------------------------------------------------------------
Marsh Town Properties LLC filed with the U.S. Bankruptcy Court for
the Southern District of Georgia a Disclosure Statement describing
Plan of Reorganization dated July 29, 2025.
The Debtor is Georgia for-profit domestic limited liability company
organized on July 2, 2020, by Matthew Marston and is in good
standing with the Georgia Secretary of State as of 2025. Matthew
Marston is an owner and the Chief Executive Manager of the Debtor.
The Debtor engages in (i) the purchasing of real property for the
purpose of renovating or remodeling existing homes or the
constructing of a home thereupon; (ii) renovating or remodeling
existing homes or constructing homes; and (iii) the resale of
renovated, remodeled, or newly constructed homes. Prior to filing
the Debtor operated on a one project at a time.
Prior to the filing of this matter the Debtor previously remodeled
and sold for a profit a remodeled home. The Debtor used the profit
from the remodel to assist in purchasing real property at 365
Warnell Drive, Richmond Hill, Georgia ("Property") with the
intention of constructing a residence to either sell or rent. The
Debtor obtained loans from FTF Lending, LLC and Trophy Point
Investment Group, LLC for the financing of the purchase and
construction of the Property. Marston also contributed funds to the
construction of the Property which were obtained through personal
loans from third parties.
The breathing spell afforded by the Chapter 11 filing has enabled
the Debtor to concentrate on means of generating income. The Debtor
through complete of the construction project will be able to
monetize the Property for the repayment of creditors.
Class 3 shall consist of General Unsecured Claims. The Debtor shall
pay Holders of Allowed General Unsecured Claims shall be paid in
full, $5,276.47, with interest at a rate of 8.5% per annum from the
Effective Date of the Plan ("Unsecured Creditors Payment"), in
three annual installment payments as follows:
* On August 1, 2026, a principal reduction payment of
$1,758.83, plus accrued interest from the Effective Date of the
Plan;
* On August 1, 2027, the amount of $1,986.12; and
* On August 1, 2028, the amount of $1,986.12 (collectively
"Annual Installments").
Notwithstanding any provision to the contrary, in the event the
Holder of an Allowed General Unsecured Claim shall receive an
aggregate distribution of Fifteen Dollars or less under the terms
of the Plan, the Debtor shall be authorized to make a single
distribution to the Holder of the Allowed General Unsecured Claim
of the total amount to be received under the terms of the Plan on
the first annual installment payment date established in Class 3 as
payment in full of the obligations of the Debtor to the Holder of
such an Allowed General Unsecured Claim; provided, however, that if
the Debtor does not make a distribution to a Holder of an Allowed
General Unsecured Claim who shall receive an aggregate distribution
of Fifteen Dollars or less under the terms of the Plan as permitted
under this Paragraph of Class 3, the Debtor shall make the
distribution in accordance with Bankruptcy Rule 3010(b). The Claims
of the Creditors of Class 3 are Impaired by the Plan.
Class 4 shall consist of all common equity holders in the Debtor.
On the Effective Date of the Plan, all Equity Security Holders
shall retain their interest in the Debtor in the same percentage
and amount as of the Filing Date. This Class shall be presumed to
accept the Plan pursuant to section 1126(f).
A full-text copy of the Disclosure Statement dated July 29, 2025 is
available at https://urlcurt.com/u?l=Tm4Fgp from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Jon A. Levis, Esq.
LEVIS LAW FIRM, LLC
Post Office Box 129
Swainsboro, GA 30401
Telephone: (478) 237-7029
Email: levis@merrillstone.com
About Marsh Town Properties
Marsh Town Properties LLC is a real estate company based in
Richmond Hill, GA. It owns a residential property located at 365
Warnell Drive, valued at $1.1 million.
Marsh Town Properties LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Ga. Case No. 25-40379) on May 2,
2025. In its petition, the Debtor reports total assets of
$1,133,406 and total liabilities of $1,168,748.
Bankruptcy Judge Edward J. Coleman III handles the case.
The Debtor is represented by Jon Levis, Esq. at LEVIS LAW FIRM,
LLC.
MAWSON INFRASTRUCTURE: 2025 Shareholder Meeting Set for Oct. 15
---------------------------------------------------------------
Mawson Infrastructure Group Inc. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission that it
plans to hold its 2025 Annual Meeting of Stockholders on October
15, 2025. The exact time and location of the Annual Meeting will be
as set forth in the Company's definitive proxy statement for the
Annual Meeting to be filed with the U.S. Securities and Exchange
Commission. The board of directors of the Company has established
August 21, 2025 as the record date for the determination of
stockholders of the Company entitled to receive notice of and vote
at the Annual Meeting or any adjournment or postponement thereof.
Because the meeting date for the Annual Meeting will be more than
30 days after the anniversary of the Company's 2024 Annual Meeting
of Stockholders, the Company has set a new deadline for the receipt
of stockholder proposals submitted pursuant to Rule 14a-8 under the
Securities Exchange Act of 1934, as amended, for inclusion in the
Company's proxy materials for the Annual Meeting. In order to be
considered timely, such proposals must be received by the Company's
Corporate Secretary at 950 Railroad Ave., Midland, PA 15059 or
legal@mawsoninc.com by August 25, 2025, which the Company has
determined to be a reasonable time before it expects to begin to
print and send its proxy materials related to the Annual Meeting.
Any proposal submitted after the above deadline will not be
considered timely and will be excluded from the Company's proxy
materials.
About Mawson Infrastructure Group
Mawson Infrastructure Group specializes in data centers for Bitcoin
miners and AI firms.
Mawson Infrastructure Group's creditors filed a Chapter 11
involuntary petition against the company (Bankr. D. Del. Case No.
24-12726) on December 4, 2024. The petitioning creditors include W
Capital Advisors Pty Ltd, Marshall Investments MIG Pty Ltd, and
Rayra Pty Ltd.
The petitioners' counsel is Robert J. Dehney, Esq., at Morris,
Nichols, Arsht & Tunnell.
Judge Mary F. Walrath handles the case.
MIDTOWN VENTURE: Court to Hold Cash Collateral Hearing Today
------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida is set
to hold a hearing today to consider another extension of Midtown
Venture Group, LLC's authority to use cash collateral.
The Debtor's authority to use cash collateral pursuant to the
court's July 28 second interim order expires today.
The second interim order signed by Judge Roberta Colton authorized
the Debtor to use cash collateral to pay the expenses set forth in
its budget and additional amounts subject to approval by lenders.
The second interim order also granted lenders a perfected
post-petition lien on the cash collateral, with the same validity,
priority and extent as their pre-bankruptcy liens.
The lenders include Wilmington Savings Fund Society FSB, UMB Bank
National Association, APC CS Trust, and Community Loan Servicing,
LLC.
About Midtown Venture Group LLC
Midtown Venture Group, LLC, a company in Tampa, Fla., sought relief
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case
No. 25-04163) on June 20, 2025. In its petition, the Debtor
reported between $1 million and $10 million in assets and
liabilities.
Judge Roberta A. Colton handles the case.
Daniel R. Fogarty, Esq., at Stichter, Riedel, Blain & Postler,
P.A., is the Debtor's legal counsel.
Wilmington Savings Fund Society FSB, as lender, is represented by:
Dana L. Robbins-Boehner, Esq.
Burr & Forman LLP
201 North Franklin Street, Suite 3200
Tampa, FL 33602
drobbins-boehner@burr.com
mguerra@burr.com
UMB Bank National Association, as lender, is represented by:
Jennifer Laufgas, Esq.
Aldridge Pite, LLP
Six Piedmont Center
3525 Piedmont Road, N.E., Suite 700
Atlanta, GA 30305
Phone: (404) 994-7400
Fax: (619) 590-1385
jlaufgas@aldridgepite.com
Community Loan Servicing, LLC, as lender, is represented by:
Jason Todd Corsover, Esq.
Kopelowitz Ostrow Ferguson Weiselberg Gilbert
One West Las Olas Boulevard, Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
Facsimile: (954) 525-4300
corsover@kolawyers.com
MOMENTIVE PERFORMANCE: S&P Raises ICR to 'BB', Outlook Stable
-------------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on Momentive
Performance Materials Inc. (MPM) to 'BB' from 'BB-'.
The stable outlook reflects the company's adequate liquidity,
ongoing support from KCC, and a modest improvement expected in the
global specialty silicones market in 2025.
In July 2025, KCC Corp., the ultimate parent company of MPM,
injected a total of $800 million of common equity into MPM.
MPM used proceeds from the equity infusion to fully repay $439
million of outstanding borrowings under its second-lien term loan
(unrated) and $240 million of term loan B borrowings.
On a pro forma basis, the debt repayment will improve credit
metrics and free cash flow at MPM. S&P now expects Momentive will
end 2025 with debt to EBITDA around 4x and reduce its annual
interest cost burden to about $60 million.
S&P Global Ratings raised its stand-alone credit profile on the
company to 'b+' from 'b-'. S&P now believes MPM to be highly
strategic to the KCC group, resulting in an issuer credit rating
that is one notch below that of KCC (BB+/Stable). Therefore, S&P
MPM's debt repayment materially improves leverage and free cash
flow. Following the recent transaction, MPM will have repaid about
$1.1 billion of gross term loan borrowings over the past 12 months,
resulting in total S&P Global Ratings-adjusted debt falling to $1.1
billion from about $2.1 billion as of year-end 2023. S&P said, "We
believe this debt repayment puts the company's capital structure in
a much more sustainable position given the overcapacity challenges
that will continue to face the silicones industry over at least the
next few years. We now forecast debt to EBITDA will improve to just
below 4x by year-end from well over 10x in 2023, as a result of
debt repayment and marginal EBITDA improvement as silicones demand
stabilizes."
More importantly, cash interest savings will improve the company's
interest coverage and free cash flow metrics, which have been
depressed over the past few years. S&P said, "Momentive has
generated negative free cash flow in each of the past three years,
and we expect free cash flow will again be negative in 2025.
Similarly, EBITDA to cash interest coverage was near 1x prior to
the company's debt repayment last year but we expect it will
improve materially to over 4x on a pro forma basis as cash interest
expense falls to about $60 million in 2026 from $150 million in
2024. We believe higher operating cash flow will also allow the
company to fund elevated maintenance and growth capital expenditure
(capex) using internally generated cash."
Debt repayment comes as silicones demand has stabilized,
particularly in the specialty market. S&P said, "According to
management, order rates and backlog are up 5%-10% versus year-end
2024 levels and quarterly EBITDA has remained between $65
million-$75 million, a pattern we expect will persist throughout
the remainder of the year. We forecast mid-single-digit percent
year-over-year EBITDA improvement in 2025 as a result of volume
growth in performance additives and specialty silicones. In this
subsector, the company is less exposed to competition from
commodity silicones producers and has not been plagued by the
structural oversupply that has affected MPM's basic silicones
margins. We also believe EBITDA in 2025 will benefit from better
plant loading and higher fixed-cost absorption, as well as the
company's ongoing measures to procure and sell less commodity
siloxane on the spot market and upgrade a higher percentage of its
basic material to specialty products."
The commodity siloxane market will remain challenged into 2025 as
the industry struggles to absorb sizable capacity additions in
China. Despite an improvement in specialty demand over the past 12
months, oversupply continues to pressure the silicones market and
siloxane pricing remains near all-time lows. S&P Commodity Insights
expects Chinese producers will add roughly 1,140 thousand metric
tons (kmt) of capacity between 2022-2027, based on completed and
announced expansions as of 2023 (including a few hundred kmt of
capacity that came online in 2024). This comes despite slowing
demand and Chinese producers' substantial capacity additions over
the past several years; Chinese capacity grew 23.5% per year from
2019-2022.
These capacity additions have put tremendous pressure on siloxane
pricing and basic silicones margins even as demand has rebounded
further up the value chain. While the majority of the company's
sales come from specialty products that are engineered to meet
specific customer requirements, and are therefore not easily
fungible, a materially portion of sales come from basic silicones
(about 25%), where competition from Chinese producers is
substantial. Margins in this business remain low, forcing Chinese
competitors to move up the value chain. To mitigate pressure in its
commodity business and avoid having to sell low or negative margin
material on the spot market, MPM has continued to optimize its
sourcing of siloxane from suppliers (which are generally on the
bottom half of the global cost curve). Additionally, as specialty
volumes have rebounded, the company has been able to upgrade a
higher percentage of commodity material, supporting improved
margins.
S&P said, "We forecast higher specialty demand, improved plant
utilization, and higher fixed-cost absorption will improve margins
in 2025 as MPM upgrades a higher percentage of base material to
specialty products and sells less commodity siloxane on the spot
market. Overall, this we expect this will result in S&P Global
Ratings-adjusted EBITDA improving toward $300 million over the next
12 months."
KCC's equity infusion and MPM's debt repayment is the second
deleveraging event in as many years. It furthers the parent's track
record of financial support for MPM and corroborates our belief
that MPM is key to KCC's long-term business strategy. MPM accounts
for a large portion of the KCC group's overall earnings (36% on an
EBITDA basis in 2024), which provides a strong incentive for
ongoing credit support from the parent. Additionally, since KCC led
the buyout of MPM in 2019, it has demonstrated its willingness to
provide financial support to MPM when necessary.
In the short term, S&P expects KCC will further integrate MPM into
its existing operations through closer alignment of raw material
procurement, technology sharing, and new product development. KCC
could pursue an initial public offering (IPO) of MPM in a more
favorable macroeconomic and industry environment, but S&P believes
this is unlikely over the next few years. Additionally, even with
an IPO, S&P expects KCC will retain a controlling share in the
company.
S&P said, "The stable outlook reflects our view that the company's
new capital structure places it in a much better position to
weather a challenging period of overcapacity for silicones
producers. The outlook also reflects our expectation that MPM's
financial metrics will improve in 2025 due to the aforementioned
debt reduction, stable global demand for specialty silicones, and
moderating year-over-year pricing pressure.
"In our base-case scenario, and pro forma for the recent debt
repayment, we expect MPM's debt to EBITDA will improve to about 4x
in 2025 from above 6x in 2024. We also believe free cash flow will
improve in 2025, but will remain negative, as the company benefits
from interest cost savings, offset by materially higher capex.
"We could take a negative rating action on MPM over the next 12
months if debt to EBITDA exceeds 5x for a sustained period or if
free cash flow remains persistently negative, leading us to believe
its liquidity sources will fall below 1.2x uses over the next 12
months, and KCC does not provide timely financial or liquidity
support to MPM.
"Momentive's operating performance and financial credit metrics
could deteriorate below our base case if a recession or tariff
uncertainty in the U.S. and Europe undercuts the current demand
recovery or if pricing faces further pressure from persistent
industry overcapacity. Pricing in specialty silicones is of
particular importance given we currently assume pricing and margins
remain relatively stable in the company's performance additives
segment.
"Although unlikely given the company's parent KCC is rated 'BB+',
we could raise the rating within the next 12 months if we were to
revise MPM's status within the KCC group. While we believe
Momentive is unlikely to be sold in the short term and will
continue to be integrated into the KCC group, KCC has only owned
the business outright for less than a year, and we believe a longer
track record of support is one of the key requirements before a
higher group support assessment is warranted."
NEXUS BUYER: S&P Downgrades ICR to 'B-' on Debt-Funded Dividend
---------------------------------------------------------------
S&P Global Ratings lowered its rating on Nexus Buyer LLC (dba
IntraFi) to 'B-' from 'B'. At the same time, S&P lowered its
issue-level rating on its existing first- and second-lien credit
facilities by one notch to 'B-' and 'CCC', respectively. S&P also
assigned its 'B-' issue-level rating to the incremental first-lien
term loan and assigned its 'CCC' issue-level rating to the
second-lien credit facility. S&P's recovery ratings on the first-
and second-lien debt are '3' and '6', respectively.
S&P said, "The stable outlook reflects our expectation that IntraFi
will continue to demonstrate strong operating performance such that
net revenues increase in the mid-single-digit percent area in 2025,
with strong S&P Global Ratings-adjusted EBITDA margins, and that
periods of EBITDA growth will be followed by debt-funded
distribution transactions that will keep leverage in the mid-7x to
8x area on a sustained basis.
"The downgrade reflects IntraFi's significant increase in leverage
after the transaction and our expectation that its owners will
likely seek additional debt-funded shareholder returns after
periods of EBITDA growth and maintain leverage in the mid-7x to 8x
area. Following the transaction, IntraFi's S&P Global
Ratings-adjusted pro forma leverage will increase to about 7.6x
from about 6x as of June 30, 2025. While IntraFi's strong earnings
growth potential could result in rapid deleveraging, the company's
financial-sponsor owners have consistently taken large, debt-funded
dividends following periods of EBITDA growth, resulting in leverage
above 7.5x when there are willing lenders and relatively low
interest rates. While EBITDA growth has supported additional debt
in its capital structure, IntraFi has increased its outstanding
debt by over $3 billion (including the proposed transaction) since
its leveraged buyout in 2019, and we believe most of the proceeds
have gone towards shareholder distributions.
"Our base-case forecast incorporates the company's capacity to
deleverage due to EBITDA growth and excludes additional debt-funded
dividends due to their uncertain size and timing. Still, if the
company operates in line with our forecast, additional debt-funded
dividends are likely. Additionally, despite strong EBITDA growth
and minimal capital expenditure (capex), IntraFi's free operating
cash flow (FOCF) generation is modest due to its high interest
burden and rising tax-related distributions to shareholders. We
forecast the company's FOCF to debt will weaken to about 2% in 2025
and 2026.
"While we expect IntraFi will continue to grow revenue and EBITDA,
we forecast growth rates will moderate in 2025. IntraFi has grown
its S&P Global Ratings-adjusted EBITDA by about 15% over the last
year to about $525 million as the company remains a leader of the
reciprocal deposit market, based on call report data. Its operating
strength is underpinned by the significant network effects of its
market-leading customer base, which consists of over half of U.S.
banks and over 90% of the 100 largest banks.
"Industry deposit and lending growth has been muted through the
second quarter of the year, leading to our expectation for slower
growth in 2025 in both bank reciprocal and one-way products.
IntraFi's growth is primarily driven by increases in bank deposits
and banks' and brokerages' utilization of IntraFi's products. While
demand for the company's bank reciprocal product has remained
elevated following the onset of distress in the U.S. regional
banking industry in 2023, we expect growth in average deposit
balances on its network to moderate to the high-single-digit
percent in 2025 from about 90% and 40% in 2023 and 2024,
respectively. Growth in this segment is primarily driven by
increased utilization of its reciprocal product, and we believe the
company has a strong pipeline of banks being onboarded over the
next year and will continue to add accounts from existing banks in
the network.
"Despite slower deposit and lending growth in 2025, we expect
reciprocal growth will increase toward the low-teen percent area in
2026. Additionally, given the lower amount of lending in a
relatively high-interest rate environment and banks' reduced need
for liquidity, demand for IntraFi's one-way products will likely be
muted in 2025, resulting in negligible growth. In 2026, however, we
believe banks will have greater liquidity needs with lower interest
rates and increased lending."
Regulatory changes could increase competition or reduce IntraFi's
target market. While unlikely in the near term, an increase in the
$250,000 FDIC insurance limit could affect demand for the company's
reciprocal deposit (67% of year-to-date revenues) services. Only
about 8% of the company's certificate of deposit account registry
service (CDARS) and insured cash sweep (ICS) balances are
associated with account balances of $1 million or less. However, an
FDIC insurance limit increase would hinder demand from current
depositors to some extent regardless of their account size because
of the decline in overall uninsured exposure. While not expected
under S&P's base-case scenario given bipartisan support for the
legislation, a revision to the 2018 Economic Growth, Regulatory
Relief, and Consumer Protection Act could hurt demand. This is
because the act allowed certain well-capitalized banks to classify
up to $5 billion or 20% of total liabilities of reciprocal deposits
as core, nonbrokered deposits.
S&P said, "The stable outlook reflects our expectation that IntraFi
will continue to demonstrate strong operating performance such that
net revenues increase in the mid-single-digit percent area in 2025
with strong EBITDA margins, and that periods of EBITDA growth will
be followed by debt-funded distribution transactions that will keep
leverage in the mid-7x to 8x area on a sustained basis."
S&P could lower its ratings on IntraFi if its cash flow generation
is insufficient to cover its debt service costs and/or liquidity
tightens such that S&P views its capital structure as
unsustainable. This could occur if:
-- Large client losses or regulatory changes reduce its
competitive advantage; or
-- The company engages in debt-funded dividends larger than
currently contemplated.
While unlikely, S&P could raise the ratings if IntraFi's EBITDA
continues to grow and it adopts a less aggressive financial policy
resulting in sustained leverage below 7.5x and FOCF to debt above
3%.
NIKOPAT & ASSOCIATES: Unsecureds Will Get 100% over 12 Months
-------------------------------------------------------------
Nikopat & Associates, Inc., filed with the U.S. Bankruptcy Court
for the District of Maryland an Amended Disclosure Statement
describing Plan of Reorganization dated July 29, 2025.
The Debtor is a Maryland Stock Corporation incorporated on June 20,
2013, with its principal place of business located at 7225 Hanover
Parkway, Suite D, Greenbelt, MD 20770.
The company has operated continuously since its inception,
providing accounting and tax resolution services to individuals and
businesses in the region. The corporation is wholly owned by
Michael Onianwah, a Certified Public Accountant, who has maintained
full control and ownership of the business since its inception.
Vivienne Awasum, 732 Park Road, NW, LLC, 734 Park Road, LLC and 901
R Street, NW. LLC filed a civil action for professional malpractice
by the Debtor in the representation of them before the Internal
Revenue Service in a tax resolution matter in 732 Park Road W, LLC
et al. vs. Ni8kopat & Associates, Inc et al. Case #: CAL 2014926,
in the Circuit Court of Maryland for Prince George's County.
The Plaintiffs obtained judgment by default. The Plaintiff,
Vivienne Awasum, was awarded $109,213.00, and the Plaintiffs, 732
Park Road, NW, LLC, 734 Park Road, LLC, and 901 R Street, NW. LLC
was awarded $203,095.29 on March 15, 2021.
The plaintiffs levied 7225 Hanover, Suite D, Greenbelt, Maryland, a
commercial condominium owned by the Debtor. The property was set
for sale on September 10, 2024, necessitating the filing of
bankruptcy on September 9, 2024.
Class 2 are general unsecured claims. Class 2 are general unsecured
claims and will be paid approximately 100% of their claim. The
Internal Revenue Service has an unsecured claim of $3,200.00.
Unsecured claims shall be paid at the rate of $270.00 per month,
commencing on the effective date of the plan, for a period of 12
months.
Class 3 are equity interest holders, and they are impaired under
the plan and will receive the pro-rata share of monies available
after payment to classes 1 and 2, based upon each Class 3
claimant’s percentage interest in the Reorganized Debtor.
Insiders in this class are not entitled to vote.
Pursuant to Section 1123(a)(5) of the Code the debtor will fund the
Chapter 11 Plan through sale of 7225 Hanover Parkway, Suite D,
Greenbelt, MD 20770. Debtor will file a motion to approve the
employment of Billy Okoye a Real Estate Broker with Sold 100 Real
Estate, Inc. The broker's opinion of value suggests a marketing
period of 6-8 weeks. It is expected that the property would be
listed for sale upon the employment of a real estate broker which
is expected to be no later than August 30, 2025. The motion to
employ a real estate broker would be filed.
The administration of the Plan contemplates the continuous
management of the business and the revenues generated by the cash
flows from clients will be used to fund the Chapter 11 Plan until
the sale of the property no later than November 30, 2025, at the
fair market value. It is expected that after the cost of sale,
Debtor would have approximately $135,000.00 for distribution to
creditors.
The Debtor will have the ability to make future payments based on
its revenue and modified expenses.
A full-text copy of the Amended Disclosure Statement dated July 29,
2025 is available at https://urlcurt.com/u?l=ZXfMyd from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Charles Iweanoge, Esq.
The Iweanoges' Firm, PC
1026 Monroe Street, NE
Washington DC 20017
Tel: (202) 347-7026
Email: cci@iweanogesfirm.com
About Nikopat & Associates
NikoPat & Associates, Inc., filed a Chapter 11 bankruptcy petition
(Bankr. D. Md. Case No. 24-17524) on Sept. 6, 2024, disclosing
under $1 million in both assets and liabilities. The Debtor is
represented by THE IWEANOGES' FIRM, PC.
PACIFIC RADIO: Seeks Subchapter V Bankruptcy in California
----------------------------------------------------------
On August 1, 2025, Pacific Radio Exchange Inc. filed Chapter 11
protection in the Central District of California. According to
court filing, the Debtor reports $1,690,315 in debt owed to 50 and
99 creditors. The petition states funds will be available to
unsecured creditors.
About Pacific Radio Exchange Inc.
Pacific Radio Exchange Inc., doing business as PacRad, supplies
professional audio, video, DJ, and broadcast equipment. The Company
offers products such as bulk and custom cables, connectors, fiber
optics, networking gear, and power management tools. It serves both
individual consumers and industry professionals with AV solutions
and custom services.
Pacific Radio Exchange Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No.
25-16614) on August 1, 2025. In its petition, the Debtor reports
total assets of $94,813 and total liabilities of $1,690,315.
Honorable Bankruptcy Judge Vincent P. Zurzolo handles the case.
The Debtor is represented by Matthew D. Resnik, Esq. at RHM LAW
LLP.
PALMAS ATHLETIC: Case Summary & 12 Unsecured Creditors
------------------------------------------------------
Debtor: Palmas Athletic Club Corp.
Country Club Drive 1
Palmas Del Mar
Humacao, PR 00791
Business Description: Palmas Athletic Club Corp. owns and operates
a 420-acre recreational property within
Palmas Del Mar Resort in Humacao, Puerto
Rico. The site includes two 18-hole golf
courses, a 22,200-square-foot clubhouse, a
5,600-square-foot beach clubhouse, and
related facilities.
Chapter 11 Petition Date: August 4, 2025
Court: United States Bankruptcy Court
District of Puerto Rico
Case No.: 25-03489
Debtor's Counsel: Charles A. Cuprill Hernandez, Esq.
CHARLES A. CUPRILL, PSC, LAW OFFICES
356 Calle Fortaleza
Second Floor
San Juan, PR 00901
Tel: 787-977-0515
E-mail: cacuprill@cuprill.com
Debtor's
Financial
Consultant: CPA LUIS R. CARRASQUILLO & CO, PSC
Total Assets: $16,793,944
Total Liabilities: $36,514,983
The petition was signed by Hector Rosario as general manager.
A full-text copy of the petition, which includes a list of the
Debtor's 12 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/NQJUL4A/PALMAS_ATHLETIC_CLUB_CORP__prbke-25-03489__0001.0.pdf?mcid=tGE4TAMA
PARK VIEW: Updates Unsecured Claims Details; Files Amended Plan
---------------------------------------------------------------
Park View Apt, LLC, submitted a Disclosure Statement describing its
Second Amended Plan of Reorganization dated July 30, 2025.
The Plan contemplates the reorganization of Debtor's financial
affairs and the repayment of all creditors' Allowed Claims. In sum,
the Plan has the following structure:
* The Plan is a reorganizing plan which provides that all
Allowed Claims against Debtor will be paid in full, including all
Allowed Secured Claims, Allowed Priority Unsecured Claims, and
Allowed General Unsecured Claims.
* Creditors holding Secured Claims against Debtor are
classified in Classes 1 through 4. The Secured Creditors in Classes
1, 2, 3, and 4 shall not have their debt obligations modified with
respect to repayment terms and interest rates as provided in the
Plan, and therefore are not entitled to vote on the Plan.
* Creditors holding General Unsecured Claims against Debtor
are classified in Class 6. General Unsecured Creditors in Class 6
are unimpaired, and therefore are not entitled to vote on the Plan.
* The sources of payments to Creditors under the Plan include
Refinancing in the form of a bridge loan in the approximate amount
of $10.878 million (which may be increased as needed), utilization
of Debtor's Cash, and, to the extent necessary, a capital infusion
from the Debtor's sole shareholder and manager, Houshang Neyssani.
* The Debtor shall retain its ownership interests in assets of
the Estate, subject to the obligations and liens created by or
preserved under the Plan.
Class 6 consists of General Unsecured Claims. Each Allowed General
Unsecured Claim in Class 6 shall be paid in full in cash on the
Effective Date, or as soon thereafter as reasonably practicable.
The allowed unsecured claims total $21,000 to $232,541.
The Debtor's primary source of funding under the Plan will be a
refinance of one or both of the 2400 Property and the Park View
Property. Additional information regarding the refinancing and/or
financing will be provided in the Plan Supplement. In addition, the
Debtor may use its Cash that does not constitute cash collateral,
as well as capital contributions from its sole shareholder and
member, Houshang Neyssani. These funding sources will be used for
the payment of creditor claims, most notably, AFNB's claim.
Pursuant to section 1128 of the Bankruptcy Code, the Court has
tentatively scheduled a hearing to consider confirmation of the
Plan for September 24, 2025 at 10:00 a.m., before the Honorable
Laurie Selber Silverstein, United States Bankruptcy Judge for the
District of Delaware, 6th Floor, Courtroom #2, United States
Bankruptcy Court, 824 North Market Street, Wilmington, Delaware
19801 (the "Confirmation Hearing").
A full-text copy of the Disclosure Statement dated July 30, 2025 is
available at https://urlcurt.com/u?l=WlPnBW from PacerMonitor.com
at no charge.
Counsel for the Debtor:
James E. Till, Esq.
Till Law Group
120 Newport Center Drive
Newport Beach, CA 92660
Telephone: (949) 524-4999
Email: james.till@till-lawgroup.com
Ericka F. Johnson, Esq.
Bayard P.A.
600 N. King St. Suite 400
Wilmington, DE 19801
Tel: (302) 429-4275
Fax: (302) 658-6395
Email: ejohnson@bayardlaw.com
About Park View APT, LLC
Park View Apt LLC is a Single Asset Real Estate debtor (as defined
in 11 U.S.C. Section 101(51B)).
Park View Apt LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 24-11663) on August 6,
2024. In the petition filed by Houshang Neyssani, as sole member
and manager, the Debtor estimated assets and liabilities between
$10 million and $50 million.
Bankruptcy Judge Laurie Selber Silverstein handles the case.
The Debtor is represented by BAYARD, P.A., led by Ericka F.
Johnson, and Stven D. Adlder.
PETSMART LLC: S&P Rates New $2.25BB Senior Secured Notes 'BB-'
--------------------------------------------------------------
S&P Global Ratings assigned its 'BB-' issue-level rating and '2'
recovery rating to PetSmart LLC's proposed $2.25 billion senior
secured notes due in 2032. The '2' recovery rating reflects its
expectations for substantial (70%-90%; rounded estimate: 85%)
recovery for lenders in the event of a payment default. At the same
time, S&P assigned its 'B-' issue-level rating and '6' recovery
rating to PetSmart's proposed $750 million senior unsecured notes
due in 2033. The '6' recovery rating reflects or expectations for
negligible (0%-10%; rounded estimate: 0%) in the event of a payment
default.
This follows PetSmart's announcement to issue a new term loan B on
August 4, 2025. The company plans to use the proceeds of the notes
and new term loan to refinance its existing term loan B, senior
secured notes due in 2028, and senior unsecured notes due 2029.
Following the transaction, S&P expects total secured debt will
increase by about $550 million while total unsecured debt will
decrease by about $400 million.
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors:
-- S&P's simulated default scenario assumes a significant drop in
PetSmart's revenue and a weakened market position because of a
highly competitive pricing environment, market-share losses to
major competitors, and a weak macroeconomic environment. This
affects its overall results because its same-store sales decline
leads to a significant deterioration in its cash flow generation
and renders it unable to meet its fixed-charge obligations
(including principal, interest, and minimum capex), subsequently
leading to a payment default.
-- Furthermore, S&P's simulated default scenario considers that
the macroeconomic and industry factors contributing to PetSmart's
default also negatively affect Chewy, resulting in a material
decline in the value of the equity pledged to secured lenders.
-- Prior to an IPO, the Chewy equity collateral will automatically
be released if PetSmart's total net leverage falls below 2x. After
an IPO, the Chewy equity collateral will automatically be released
if PetSmart's total net leverage falls below 2.5x. S&P would
reassess its recovery analysis if this occurs.
-- S&P's recovery analysis considers PetSmart's enterprise value
(EV) in combination with the anticipated value from the Chewy
equity shares pledged to the senior secured lenders.
Simulated default assumptions:
-- Simulated year of default: 2029
-- EBITDA multiple: 5x
-- EBITDA at emergence: $648 million
-- Estimated gross EV at emergence: About $3.2 billion
-- Estimated value from Chewy equity pledged to secured lenders:
$1 billion
Simplified waterfall:
-- Net EV at default (after 5% administrative costs): $4 billion
-- PetSmart asset-based lending (ABL) lender commitment: $1
billion (not rated)
-- First-lien secured debt: $4 billion
--Recovery expectations: 70%-90% (rounded estimate: 85%)
-- Unsecured debt claims: $1.57 billion
--Recovery expectations: 0%-10% (rounded estimate: 0%)
*All debt amounts include six months of prepetition interest.
PHOENIX ROSE: Unsecureds Will Get 1.84% of Claims over 4 Years
--------------------------------------------------------------
Phoenix Rose LLC filed with the U.S. Bankruptcy Court for the
Middle District of Tennessee an Original Plan of Reorganization
under Subchapter V dated July 29, 2025.
The Debtor is a specialty e-commerce retailer dedicated to serving
the growing needs of consumers with dietary restrictions.
Founded in 2017 in Ohio and relocated to Tennessee in 2021, the
Debtor focuses on providing access to hard-to-find grocery items
such as sugarfree, gluten-free, and sodium-free products. There are
two employees currently in the business consisting of Martin
Kellar, who is the authorized representative for the Debtor in this
proceeding, is the President and Gretchen Russell is the Chief
Operating Officer.
The Debtor became overwhelmed with the debt load in conjunction
with the change in Amazon's fee structure in paying vendors. The
combination of the two made the situation untenable and the Debtor
realized that seeking relief under the Code was the best option.
By extrapolation of the Debtor's budget, the Debtor will have
projected disposable income of less than $169,000 (over 4 years).
The final Plan Payment is expected to be on or before December
2030.
This Plan of Reorganization under Chapter 11 of the Code proposes
to pay the creditors of the Debtor from future income of the
Debtor.
Class 4 consists of All Allowed Unsecured Claims. The Debtor shall
pay allowed general unsecured claims a pro-rata distribution for a
period of no more than 48 months from entry of the confirmation
order in 4 annual payments in the amount of $2,400.00 annually, for
a total amount of $9,600.00. Said payments shall commence on the
first one-year anniversary of the Effective Date and shall be paid
annually thereafter. This Class will receive a distribution of
1.84% of their allowed claims. The allowed unsecured claims total
$521,262.19.
The Debtor will retain all ownership rights in property of the
estate.
The Debtor anticipates the funds to meet the plan payments shall
come from the daily operations of the Debtor's business.
A full-text copy of the Plan of Reorganization dated July 29, 2025
is available at https://urlcurt.com/u?l=mDHLM2 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Jay R. Lefkovitz, Esq.
LEFKOVITZ & LEFKOVITZ, PLLC
908 Harpeth Valley Place
Nashville, TN 37221
Tel: (615) 256-8300
Fax: (615) 255-4516
Email: jlefkovitz@lefkovitz.com
About Phoenix Rose LLC
Phoenix Rose LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Tenn. Case No. 25-01893) on
May 2, 2025. In its petition, the Debtor reports estimated assets
between $10,000 and $50,000 and estimated liabilities between
$100,000 and $500,000.
Honorable Bankruptcy Judge Nancy B. King handles the case.
The Debtor is represented by Jay Lefkovitz, Esq.
PLZ CORP: S&P Lowers ICR to 'CCC' on Increased Refinancing Risk
---------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on PLZ Corp. to
'CCC' from 'CCC+' reflecting the increasing refinancing risk.
The outlook is negative.
S&P also lowered its issue-level rating on the company's senior
secured debt to 'CCC' from 'CCC+', in line with the change in the
issuer rating. The recovery rating remains '3'.
The negative outlook reflects the potential for an increased
near-term refinancing risk as the 2026 maturity on the first-lien
term loan approaches. S&P assesses PLZ's liquidity as weak.
PLZ Corp.'s borrowing on its first-lien term loan facility matures
within the next 12 months, on Aug 3, 2026, increasing the
refinancing risk arising from the upcoming maturity of its
revolving credit facility on April 30, 2026.
PLZ's credit risk elevates further with its outstanding debt
turning current. Most of the company's debt is a first-lien term
loan due within the next 12 months. S&P believes that the default
risk will continue to rise if it does not address the upcoming
maturities of this loan and revolving credit facility. PLZ has
limited liquidity because the revolving credit facility, part of
the same credit agreement as the first-lien term loan, matures in
April 2026. Although the company maintains a moderate cash balance,
S&P believes its internally generated cash flow will not be
sufficient to meet its upcoming debt obligations.
S&P said, "We believe PLZ's debt leverage will range between 7.5x
and 8.5x. The macroeconomic uncertainties and fresh wave of tariff
announcements is dampening customer demand. We believe the
company's internal initiatives will help improve margins, but the
pace will be hampered by these demand uncertainties. We anticipate
leverage will be below 8.5x in 2025 and 7.5x-8.5x on a weighted
average basis."
S&P Global Ratings believes there is a high degree of
unpredictability around policy implementation by the U.S.
administration and possible responses—specifically with regard to
tariffs—and the potential effect on economies, supply chains, and
credit conditions around the world. S&P said, "As a result, our
baseline forecasts carry a significant amount of uncertainty,
magnified by ongoing regional geopolitical conflicts. As situations
evolve, we will gauge the macro and credit materiality of potential
shifts and reassess our guidance accordingly."
S&P said, "The negative outlook reflects the increased risk that
PLZ will be unable to refinance its debt obligations in a timely
manner, increasing the likelihood of a default more than our
previous ratings reflected. The company has a revolving credit
facility and first-lien term loan facility, both of which are
current (maturing in April 2026 and August 2026, respectively). We
anticipate PLZ's operating performance will marginally improve over
the next 12-24 months, driven by the streamlining of its cost
structure, better customer mix, and new business wins such that
debt leverage reduces below 8.5x by end of 2025. We expect PLZ will
maintain weighted-average S&P Global Ratings-adjusted debt to
EBITDA in the 7.5x-8.5x range."
S&P could lower its ratings on PLZ within the next 12 months if:
-- S&P believes the company cannot refinance its revolving credit
facility and first-lien term loan facility as debt maturity grows
closer.
-- It breaches its springing maximum first-lien net leverage
covenant, which triggers accelerated debt repayment.
-- Liquidity deteriorates further or PLZ skips an interest
payment.
-- The company undertakes a transaction that S&P would view as a
distressed debt exchange.
Operational performance declines drastically due to factors such as
the U.S. entering a deep and lasting recession, elevating customer
attrition; environmental concerns shift consumer preferences away
from aerosol products; and pricing ability wanes to a point that
leverage becomes unsustainable.
S&P said, "We could consider a positive rating action on PLZ if the
company addresses its maturities by extending the debt well into
the future. We could consider an even higher rating if the company
is also able to sustain stronger credit measures (i.e., debt
leverage below 8.5x and interest coverage comfortably over 1x) and
maintain adequate liquidity."
POPELINO'S TRANSPORTATION: Unsecureds Will Get 10% over 60 Months
-----------------------------------------------------------------
Popelino's Transportation, Inc. filed with the U.S. Bankruptcy
Court for the Central District of California a Disclosure Statement
in support of Chapter 11 Plan dated July 29, 2025.
The Debtor provides landscaping and green waste transportation
services to landscaping companies located primarily in or around
Riverside and San Bernardino counties. The Debtor's business
location and production yard is located at 1880 Brown Avenue,
Riverside, CA 92509.
This is a reorganization plan. The Debtor seeks to restructure its
debts and make payments over the plan term. The Plan has not yet
confirmed. If confirmed, the Plan will bind all creditors provided
for in the Plan, whether or not a claim is filed or the creditor
consents to the terms of the Plan.
The Debtor, through the Plan, proposes a 5-year repayment period,
paying $12,120 per month for 60 months to be prorated amongst the
general unsecured claims, for a total of $727,200 during the Plan.
This Plan will pay 10% of the allowed general unsecured claims at
0.00% interest. The Plan will be funded from the Debtor's ongoing
monthly net profits.
Class 11 consists of General Unsecured Claims. This Class shall
receive monthly payments in the amount of $12,120 per month to be
prorated amongst these creditors, starting on the first day of each
calendar month and will commence on the first day of the first
month after the effective date and will end after 60 monthly
payments.
The allowed unsecured claims total $7,271,830. This Class will
receive a distribution of 10% of claims paid at 0.0% interest or a
total of $727,200. This Class is impaired.
Jose Barragan owns 100 percent of the capital stock of the Debtor.
Mr. Barragan intends to retain his equity interest in the Debtor.
The Plan will be funded by the ongoing net profits from the
Debtor's business. The Debtor expects to have funds available to
make the payments proposed under the Plan pursuant to its Projected
Annual Budget.
A full-text copy of the Disclosure Statement dated July 29, 2025 is
available at https://urlcurt.com/u?l=hyHNDh from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Todd Turoci, Esq.
The Turoci Firm, Inc.
3845 Tenth Street
Riverside, CA 92501
Tel: (951) 784-1678
Fax: (866) 762-0618
About Popelino's Transportation, Inc.
Popelino's Transportation, Inc. is a Riverside, California-based
company that has been offering green waste hauling and
transportation services since 2005. Additionally, the Company
recycles green waste at its facility to generate compost, mulch,
and woodchips for landscaping.
Popelino's Transportation filed petition (Bankr. C.D. Calif. Case
No. 25-11628) on March 18, 2025, listing $3,318,612 in total assets
and $8,329,194 in total liabilities. Jose Barragan, president of
Popelino's Transportation, signed the petition.
Judge Mark D. Houle oversees the case.
Todd Turoci, Esq., at The Turoci Firm, is the Debtor's legal
counsel.
PRIME HEALTHCARE: S&P Alters Outlook to Positive, Affirms 'B-' ICR
------------------------------------------------------------------
S&P Global Ratings revised its outlook to positive from stable and
affirmed its 'B-' issuer credit rating on Prime Healthcare Services
Inc. and its 'B-' issue-level rating on its senior secured notes.
The positive outlook reflects the increased likelihood of an
upgrade if the company successfully integrates the Ascension
hospitals and achieves our base case expectations.
Stronger patient admissions, significant decrease in labor costs
mostly due to much lower contract labor, and increased support from
the California provider-fee subsidy program called the California
Hospital Quality Assurance program, has driven a significant
improvement in Prime Healthcare Services Inc.'s operating
performance.
With these factors and S&P's revised expectations reflecting better
operating results and incremental EBITDA from the acquired
Ascension hospitals, it now expects S&P Global Ratings-adjusted
leverage to decline to 3.9x in 2025 (from 5.3x in 2024), improving
to 3.5x in 2026.
S&P said, "The outlook revision to positive from stable reflects
our expectation for continued improvement in operating performance
and increased likelihood of an upgrade. In 2024, revenue grew 7.1%
and S&P Global Ratings-adjusted EBITDA margin improved to 11% from
8.7%. This followed higher admissions, stabilization and lower
turnover of Prime's emergency department physician groups,
significant reduction in contract labor, and increased support from
state subsidy programs, most notably California. This resulted in
stronger credit metrics with adjusted leverage declining to 5.3x in
2024 from 6.9x in 2023 and discretionary cash flow (DCF)/debt
improving to 7.4% in 2024 from a deficit in 2023.
"We expect the company will build further on recent operating
performance improvement partly due to the incremental EBITDA from
the March 2025 acquisition of six hospitals from Ascension. We
expect the benefit of increased scale from the acquisition and
higher support from state subsidy programs will help support
further margin improvement, which we believe will reduce its S&P
Global Ratings-adjusted leverage further to 3.9x in 2025 and
potentially 3.5x in 2026. For 2025, we expect total cash subsidy
payments from all six states in which the company receives subsidy
payments to total $361 million, $152 million of which is from
California.
"The Ascension acquisition is the largest in the company's history.
The acquisition will add nearly $1.4 billion of annualized
revenues, amounting to about a 32% revenue increase for Prime. We
expect a boost of $1.15 billion of revenues and $60 million EBITDA
in 2025, which represents 10 months of revenue from the closing
date of March 1, 2025. We believe the acquisition will add
additional operating leverage as Prime integrates the six
Chicago-area non-for-profit hospitals. We believe Prime will
successfully integrate these hospitals and improve their
performance as it has a good track record of turning around weak
hospitals.
"We continue to assess Prime's management and governance as
moderately negative and are not clear of its financial policy. We
retain a one-notch negative adjustment to the rating, reflecting
our view that management and governance is weaker than that of its
peers. We believe Prime has a weak governance structure with family
ownership that relies heavily on the CEO, and an ineffective board.
Although there is some board independence, the dual role of
Chairman and CEO could undermine effective oversight. The CEO is
the founder and Board Chairman since 2001. Moreover, if the company
achieves our base case forecast it will generate free cash flow
levels that are unprecedented for the company. Currently, the
company's financial policy is unclear regarding future M&A and cash
distributions. At this time, we believe there is a risk the company
could prioritize M&A and/or key shareholder return over maintaining
leverage near our forecast level.
"The positive outlook reflects the increased likelihood of an
upgrade given its increased operating leverage and our expectations
that Prime's strong operating performance will continue along with
continued support from state subsidy programs."
S&P could revise the outlook to stable or take a negative rating
action if:
-- The company's patient volume trends weaken;
-- The U.S. Budget Bill starts to present adverse effects in the
state subsidy programs, particularly California's Hospital Quality
Assurance Fee program.
-- S&P believes Prime's capital structure becomes unsustainable.
S&P said, "We could raise the rating if Prime meets our base case
expectations for continued strong operating performance while
integrating the six Chicago-area non-for-profit hospitals that it
acquired from Ascension Healthcare. Under this scenario, we expect
leverage to decline to about 4x and DCF to debt, including all
distributions and capital lease payments, to rise above 5%. We
could also raise the rating if any changes to the governance
structure leads us to remove the negative M&G modifier."
RCM LIVING ASSET: Voluntary Chapter 11 Case Summary
---------------------------------------------------
Debtor: RCM Living Asset Management Services LLC
RCM Asset Management Services LLC
1521 Concord Pike Suite 201
Wilmington, DE 19803
Business Description: RCM Living Asset Management Services LLC is
a real estate holding company whose
principal assets are located at East Zack
Street and North Florida Avenue in Tampa,
Florida.
Chapter 11 Petition Date: August 4, 2025
Court: United States Bankruptcy Court
Middle District of Florida
Case No.: 25-05491
Judge: Hon. Roberta A. Colton
Debtor's Counsel: Megan W. Murray, Esq.
UNDERWOOD MURRAY, P.A.
100 N. Tampa St.
Tampa, FL 33602
Tel: (813) 540-8405
E-mail: mmurray@underwoodmurray.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Andrew C. Richardson as CEO.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/4CVMEHI/RCM_Living_Asset_Management_Services__flmbke-25-05491__0001.0.pdf?mcid=tGE4TAMA
RCM LIVING LLC: Voluntary Chapter 11 Case Summary
-------------------------------------------------
Debtor: RCM Living LLC
c/o Corporate Creations Network Inc.
1521 Concord Pike, Ste 201
Wilmington, DE 19803
Business Description: RCM Living Holdings LLC operates a
commercial real estate asset management
platform specializing in multifamily
investments in the United States.
Chapter 11 Petition Date: August 4, 2025
Court: United States Bankruptcy Court
Middle District of Florida
Case No.: 25-05493
Judge: Hon. Roberta A. Colton
Debtor's Counsel: Megan W. Murray, Esq.
UNDERWOOD MURRAY, P.A.
100 N. Tampa St.
Tampa, FL 33602
Tel: (813) 540-8405
Email: mmurray@underwoodmurray.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $100,000 to $500,000
The petition was signed by Andrew C. Richardson as CEO.
A list of the Debtor's 20 largest unsecured creditors was not
provided alongside the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/VBO2AQI/RCM_Living_LLC__flmbke-25-05493__0001.0.pdf?mcid=tGE4TAMA
RESHAPE LIFESCIENCES: Key Proposals Passed; Meeting to Resume Today
-------------------------------------------------------------------
ReShape Lifesciences Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that it held a special
meeting of stockholders on July 24, 2025. A total of 1,482,585
shares of the Company's common stock, par value $0.001 per share,
constituting a quorum, were represented in person or by proxy at
the Special Meeting.
At the Special Meeting, the Company's stockholders voted on
Proposal 1, Proposal 4, Proposal 5 and Proposal 6:
Proposal 1: The Company's stockholders approved the issuance of
shares of Common Stock in connection with the Merger.
Proposal 4: The Company's stockholders approved the authorization
of the Company's Board of Directors, in its discretion but in no
event later than the one year anniversary of the Special Meeting,
to amend the Company's Restated Certificate of Incorporation, as
amended, to effect a reverse stock split of the Common Stock, at a
ratio in the range of 1-for-2 to 1-for-5, such ratio to be
determined by the Board of Directors and included in a public
announcement.
Proposal 5: The Company's stockholders approved, on a non-binding
advisory basis, the compensation that may be paid or become payable
to the Company's President and Chief Executive Officer in
connection with the Merger and Asset Sale.
Proposal 6: The Company's stockholders approved adjournments of the
Special Meeting from time to time, if necessary or appropriate to
solicit additional proxies in favor of Proposal 1, Proposal 2,
Proposal 3 or Proposal 4 if there are insufficient votes at the
time of such adjournment to approve such proposal.
The Special Meeting was then adjourned to further solicit votes on
Proposal 2, the proposal to approve the sale of substantially all
of the Company's assets to Ninjour Health International Limited, an
affiliate of Biorad Medisys, Pvt. Ltd., and Proposal 3, the
proposal to approve and adopt proposed amendments to the Company's
Restated Certificate of Incorporation, as amended, in connection
with the Company's proposed merger with Vyome Therapeutics, Inc.,
each as described further in the Company's proxy statement for the
Special Meeting filed with the Securities and Exchange Commission
on June 24, 2025.
The Special Meeting will resume with respect to Proposal 2 and
Proposal 3 today, at 11:30 a.m. Eastern Time. The reconvened
meeting will be held virtually at
www.virtualshareholdermeeting.com/RSLS2025SM. The record date for
determining stockholders eligible to vote at the Special Meeting
remains the same, June 9, 2025.
About Reshape Lifesciences
Headquartered in Irvine, California, Reshape Lifesciences Inc. --
www.reshapelifesciences.com -- is a premier physician-led
weight-loss solutions company, offering an integrated portfolio of
proven products and services that manage and treat obesity and
associated metabolic disease. The Company's primary operations are
in the following geographical areas: United States, Australia and
certain European and Middle Eastern countries. Its current
portfolio includes the Lap-Band Adjustable Gastric Banding System,
the Obalon Balloon System, and the Diabetes Bloc-Stim
Neuromodulation device, a technology under development as a new
treatment for type 2 diabetes mellitus. There has been no revenue
recorded for the Obalon Balloon System, or the Diabetes Bloc-Stim
Neuromodulation as these products are still in the development
stage.
In its report dated April 4, 2025, the Company's auditor Haskell &
White LLP, issued a "going concern" qualification attached to the
Company's Annual Report on Form 10-K for the year ended Dec. 31,
2024, citing that the Company has suffered recurring losses from
operations and negative cash flows. The Company currently does not
generate revenue sufficient to offset operating costs and
anticipates such shortfalls to continue. These conditions raise
substantial doubt about the Company's ability to continue as a
going concern.
As of Dec. 31, 2024, Reshape Lifesciences had $4.79 million in
total assets, $5.05 million in total liabilities, and a total
stockholders' deficit of $253,000.
RIVERSIDE EXPRESS: Court Extends Cash Collateral Access to Aug. 21
------------------------------------------------------------------
Riverside Express Car Wash, LLC received another extension from the
U.S. Bankruptcy Court for the Central District of California,
Riverside Division to use cash collateral.
The court's order extended the Debtor's authority to use cash
collateral until August 21 and approved the Debtor's monthly
payment of $10,000 to T Bank N.A., a secured creditor.
The next hearing is scheduled for August 21. Objections to further
use of cash collateral are due today while replies to objections
are due by August 14.
The Debtor operates a car wash facility in Riverside, California,
valued at $4.6 million, with additional personal property valued at
$24,307.
The Debtor owes approximately $8.86 million to secured creditors T
Bank, Bay Area Development Co., and the Riverside County Treasurer.
T Bank holds the first-position lien.
T Bank is represented by:
Joshua K. Partington, Esq.
Nicholas S. Couchot, Esq.
Rachel A. McMains, Esq.
Snell & Wilmer, L.L.P.
600 Anton Blvd, Suite 1400
Costa Mesa, CA 92626-7689
Telephone: 714.427.7000
Facsimile: 714.427.7799
jpartington@swlaw.com
ncouchot@swlaw.com
rmcmains@swlaw.com
About Riverside Express Car Wash LLC
Riverside Express Car Wash LLC operates a car wash facility in
Riverside, California.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 6:25-bk-14654-RB) on
July 10, 2025. In the petition signed by Amariah Olson, managing
member, the Debtor disclosed up to $10 million in both assets and
liabilities.
Judge Magdalena Reyes Bordeaux oversees the case.
Michael Jay Berger, Esq., at Law Offices of Michael Jay Berger,
represents the Debtor as legal counsel.
S & W SALES: Cash Collateral Hearing Set for August 13
------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Georgia is set
to hold a hearing on August 13 to consider another extension of S &
W Sales and Service, LLC's authority to use cash collateral.
The Debtor's authority to use cash collateral pursuant to the
court's July 24 order expired on July 31.
The Debtor's cash collateral consists of revenues from the
operation of its business. It owns and operates a construction
company specializing in government contracting for concrete
services.
The creditors that may claim an interest in the Debtor's cash
collateral are Five Star Credit Union, Marlin Business Bank, U.S.
Small Business Administration, Newtek Small Business Finance, LLC,
American Contractors Indemnity Co., ASSN Co., CT Corporation
Service as representative, CHTD Company, and Lexington National
Insurance Corporation.
About S & W Sales and Service
S & W Sales and Service, LLC is a limited liability company in Fort
Valley, Ga.
S & W Sales and Service sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Ga. Case No. 24-51814) on December 2,
2024, with assets between $500,000 and $1 million and liabilities
between $1 million and $10 million. Waldo Moody, a managing member
of S & W Sales, signed the petition.
Judge Robert M. Matson handles the case.
Wesley J. Boyer, Esq., at Boyer Terry, LLC is the Debtor's legal
counsel.
Five Star Credit Union, as secured creditor, is represented by:
Doroteya N. Wozniak, Esq.
James Bates Brannan Groover, LLP
2827 Peachtree Rd, NE, Suite 300
Atlanta, GA 30305
Telephone: (404) 997-6031
Facsimile: (404) 997-6021
dwozniak@jamesbatesllp.com
Newtek Small Business Finance, as secured creditor, is represented
by:
Michael R. Wing, Esq.
Robinson Franzman, LLP
191 Peachtree Street NE, Suite 2600
Atlanta, GA 30303
Telephone: (404) 255-2503
michael@rfllplaw.com
Lexington National Insurance Corp., as secured creditor, is
represented by:
John G. Brookhuis, Esq.
McMichael Taylor Gray, LLC
3550 Engineering Drive, Suite 260
Peachtree Corners, GA 30092
Telephone: 404-474-7149
Facsimile: 404-745-8121
jbrookhuis@mtglaw.com
SCARFE WHISPERS: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
Scarfe Whispers Oyster Bar and Seafood Lounge, LLC received another
extension from the U.S. Bankruptcy Court for the Middle District of
Florida, Jacksonville Division to use cash collateral.
The court's second interim order approved the Debtor's continued
use of cash collateral to pay operating expenses pending the final
hearing on September 4.
The Debtor's cash collateral consists of cash and accounts
receivable. It estimates the value of the accounts receivable to be
approximately $1,391 based on a current aging report of receivables
less than 90 days old.
Vader Mountain Capital asserts an interest in the cash collateral
and is owed approximately $25,000 as of the petition date.
As protection for the Debtor's use of its cash collateral, the
lender will be granted a replacement lien on property acquired by
the Debtor's estate after the petition date, with the same priority
and extent as its pre-bankruptcy lien.
The Debtor's right to use cash collateral terminates immediately
upon order of the court; the dismissal or conversion of its Chapter
11 case; the entry of an order that alters the validity or priority
of the replacement liens granted to the lender; cessation of
operation; the lifting of automatic stay that allows any entity to
proceed against assets of the Debtor that constitute cash
collateral; or the entry of an order authorizing a security
interest in the collateral to secure any credit obtained or debt
incurred that would be senior to or equal to the replacement lien.
About Scarfe Whispers Oyster Bar
and Seafood Lounge
Scarfe Whispers Oyster Bar and Seafood Lounge, LLC filed Chapter 11
petition (Bankr. M.D. Fla. Case No. 25-01951) on June 12, 2025,
listing between $100,001 and $500,000 in assets and between
$100,001 and $500,000 in liabilities.
Judge Jason A. Burgess oversees the case.
The Debtor is represented by:
Bryan K. Mickler, Esq.
Law Offices of Mickler & Mickler, LLP
5452 Arlington Expressway
Jacksonville, FL 322211
Telephone: (904) 725-0822
Facsimile: (904) 725-0855
Email: bkmickler@planlaw.com
SKYLOCK INDUSTRIES: Claims to be Paid from Asset Sale Proceeds
--------------------------------------------------------------
Skylock Industries Inc. filed with the U.S. Bankruptcy Court for
the Central District of California a First Amended Disclosure
Statement describing First Amended Chapter 11 Plan dated July 29,
2025.
Commencing in 1974, Skylock Industries was a manufacturer of parts
for the aerospace industry.
The business was acquired by an entity owned by the Debtor's
Chairman Jeffrey Crevoiserat, Victor Franck and Brian Katzen in
2004 as part of the purchase of Fields Aircraft Spares, Inc. Mr.
Crevoiserat and the Debtor's president Jimmie A. Pease operated the
Debtor for many prior to the Debtor's chapter 11 filing.
The first months of the chapter 11 case were characterized by
disputes between the Debtor's management and its secured lender and
intercompany disputes, resulting in an Order to Show Cause re
Appointment of a Chapter 11 Trustee being issued by the Bankruptcy
Court; the result of the Court’s OSC was a consensual appointment
of Jeffrey Nerland, an experienced Chief Restructuring Officer on
December 20, 2024.
Mr. Nerland concluded that based on the Debtor's inability to pay
post-Petition rent to its commercial landlords, its inability to
make post-petition payments of its secured equipment obligations,
the Debtor's struggle to make payroll and the accruing
administrative expenses during the chapter 11 case, that the
immediate sale of substantially all of the Debtor's assets was in
the best interest of the bankruptcy estate and its creditors.
As a result, during the Debtor's bankruptcy and as more
particularly described herein, Skylock sold substantially all of
its assets to Adhara Aerospace & Defense LLC, the sale to Adhara
closed on April 1, 2025.
Based thereon the Debtor filed its Motion for Order Approving the
Debtor's Asset Purchase Agreement with Adhara Aerospace & Defense
LLC Approving the Sale of Substantially all of the Assets of the
Debtor and Approving Over Bid Procedures (the "Sale Motion"). On
March 14, 2025 the Bankruptcy Court entered its Order approving the
Sale Motion (the "Same Order"). The sale to Adhara closed on April
1, 2025 (the "Adhara Sale").
The Debtor is proposing a liquidating plan. In other words, the
Proponent seeks to accomplish payments under the Plan by
distributing the proceeds of the sale of substantially all of its
asset that was approved by the Bankruptcy Court on March 14, 2025.
The Effective Date of the proposed Plan is 21 days after the
Bankruptcy Court enters the Order approving the Debtor's chapter 11
plan.
Class 1 consists of General unsecured claims. Class 1 claims will
be paid 90 days after the Effective Date on a pro-rata basis. This
Class is impaired.
Class 2 consists of Unsecured claim of the Debtor's insiders. Class
2 consists of the claims of the Debtor's affiliates and insiders,
which will be subordinated and junior to all other classes and
which will receive no distribution unless and until all other
allowed senior claims are paid in full.
Interest holders shall retain prePetition interests.
The Plan will be funded by proceeds of the Adhara Sale.
A full-text copy of the First Amended Disclosure Statement dated
July 29, 2025 is available at https://urlcurt.com/u?l=zIqwBi from
PacerMonitor.com at no charge.
Skylock Industries Inc. is represented by:
Jeffrey S. Shinbrot, Esq.
JEFFREY S. SHINBROT, APLC
15260 Ventura Blvd., Suite 1200
Sherman Oaks, CA 91403
Telephone: (310) 659-5444
Facsimile: (310) 878-8304
Email: jeffrey@shinbrotfirm.com
About Skylock Industries
Skylock Industries Inc. is a California-based aircraft parts
manufacturer.
Skylock Industries sought relief under Chapter 11 of the Bankruptcy
Code (Bankr. C.D. Cal. Case No. 24-17820) on Sept. 26, 2024, with
$10 million to $50 million in both assets and liabilities.
Judge Sheri Bluebond handles the case.
The Debtor is represented by Jeffrey S. Shinbrot, Esq., at The
Shinbrot Firm.
STATE OF FLUX: Seeks to Hire Ryan C. Wood as Bankruptcy Counsel
---------------------------------------------------------------
State of Flux, Inc. seeks approval from the U.S. Bankruptcy Court
for the Northern District of California to hire the Law Offices of
Ryan C. Wood, Inc. to handle its Chapter 11 case.
Ryan Wood, Esq., the primary attorney in this representation, will
be paid at his hourly rate of $475 plus reimbursement for expenses
incurred.
The firm received a retainer of $7,500 and a filing fee of $1,738
from the Debtor.
Mr. Wood disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Ryan C. Wood, Esq.
Law Offices of Ryan C. Wood, Inc.
611 Veterans Blvd., Ste. 218
Redwood City, CA 94063
Telephone: (650) 366-4858
Facsimile: (650) 366-4875
About State of Flux Inc.
State of Flux Inc., formerly doing business as Haze Apparel, is a
San Francisco-based retail business likely operating in the apparel
industry.
State of Flux sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Cal. Case No. 25-30541) on July 7, 2025. In its
petition, the Debtor reported estimated assets up to $50,000 and
estimated liabilities between $100,000 and $500,000.
The Debtor is represented by Ryan C. Wood, Esq., at Law Offices of
Ryan C. Wood, Inc.
SVB FINANCIAL: Ordered to Contest Ch. 11 Claims Amid Standing Fight
-------------------------------------------------------------------
Clara Geoghegan of Law360 reports that on Tuesday, August 5, 2025,
the former parent company of Silicon Valley Bank clashed with the
liquidators of its Cayman Islands branch over standing in a $294
million lawsuit, leading a New York bankruptcy judge to direct SVB
Financial to formally object to the claims on the grounds that they
were filed too late.
About SVB Financial Group
SVB Financial Group (Pink Sheets: SIVBQ) is a financial services
company focusing on the innovation economy, offering financial
products and services to clients across the United States and in
key international markets.
Prior to March 10, 2023, SVB Financial Group owned and operated
Silicon Valley Bank, a state chartered bank. During the week of
March 6, 2023, Silicon Valley Bank, Santa Clara, CA, experienced a
severe "run-on-the-bank." On the morning of March 10, the
California Department of Financial Protection and Innovation seized
SVB and placed it under the receivership of the Federal Deposit
Insurance Corporation. SVB was the nation's 16th largest bank and
the biggest to fail since the 2008 financial meltdown.
On March 17, 2023, SVB Financial Group sought Chapter 11 bankruptcy
protection (Bankr. S.D.N.Y. Case No. 23-10367). The Debtor had
assets of $19,679,000,000 and liabilities of $3,675,000,000 as of
Dec. 31, 2022.
The Hon. Martin Glenn is the bankruptcy judge.
The Debtor tapped Sullivan & Cromwell, LLP as bankruptcy counsel;
Centerview Partners, LLC as investment banker; and Alvarez & Marsal
North America, LLC as restructuring advisor. William Kosturos, a
partner at Alvarez & Marsal, serves as the Debtor's chief
restructuring officer. Kroll Restructuring Administration, LLC, is
the claims and noticing agent and administrative advisor.
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case.
The committee tapped Akin Gump Strauss Hauer & Feld, LLP as
bankruptcy counsel; Cole Schotz P.C. as conflict counsel; Lazard
Freres & Co. LLC as investment banker; and Berkeley Research Group,
LLC as financial advisor.
T-SHACK INC: Claims to be Paid from Rental Income
-------------------------------------------------
T-Shack Inc. filed with the U.S. Bankruptcy Court for the District
of Nevada a Disclosure Statement describing Plan of Reorganization
dated July 29, 2025.
The Debtor was formed for the specific purpose of ownership of real
property which was purchased at Homeowner Association foreclosure
sales. Currently, the Debtor is the owner of five parcels of real
land in Clark County, Nevada.
The Debtor continues to own and manage said properties with the
intention of renting said properties for the purpose of confirming
a chapter 11 plan. It should be noted that Secured Creditor
Shellpoint is the alleged secured creditor on all properties except
5155 W. Tropicana Ave, Unit 2050 which is purported to be held by
Bank of America.
Currently, the Debtor's income is generated by the rental income
received from the Debtor's Investment Properties. The Debtor has
been able to improve cash reserves since the filing of this
bankruptcy and also retain income which can be used to fund the
Plan. The Debtor intends by way of the Plan to allocate available
disposable monthly income to repay creditors in accordance of the
Plan.
The Debtor has sufficient net income to fund proposed payments to
creditors under the Plan. The Debtor has also filed a motion to
allow Ray Zajac to place $500,000.00 into the Debtor to fund
secured creditors if needed.
Class six consists of General Unsecured Claims. All Class six
creditors having filed proofs of claims shall be paid $5,000.00 pro
rata. However, the debtor does not anticipate any unsecured debt.
This Class is impaired.
The Debtor plans to use future income to fund the Plan. The Debtor
anticipates that the course of repayment will be certain due to the
market in Clark County, Nevada and the rent that can be generated.
Also, the Debtor intends on selling the properties and paying off
any monies due and owing the secured creditors.
A full-text copy of the Disclosure Statement dated July 29, 2025 is
available at https://urlcurt.com/u?l=suABes from PacerMonitor.com
at no charge.
About T-Shack Inc.
T-Shack Inc. is in the rental business and owns (or owned) several
real properties in Las Vegas.
Rombouts Ave LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Nev. Case No. 25-11208) on March 5,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $1 million and $50
million.
The Debtor is represented by:
Michael J. Harker, Esq.
LAW OFFICES OF MICHAEL J. HARKER
2901 El Camino Ave., Suite 200
Las Vegas, NV 89102
Tel: 702-248-3000
E-mail: notices@harkerlawfirm.com
TRAVEL + LEISURE: S&P Rates New $500MM Senior Secured Notes 'BB-'
-----------------------------------------------------------------
S&P Global Ratings assigned its 'BB-' issue-level rating (the same
as its long-term issuer credit rating) and '4' recovery rating to
Travel + Leisure Co.'s proposed $500 million secured notes due
2033. The '4' recovery rating reflects S&P's expectation for
average (30%-50%; rounded estimate: 45%) recovery for lenders in
the event of a default. The company intends to use the proceeds
from this offering to repay its $350 million 6.60% secured notes
due October 2025 and repay $150 million of revolver borrowings.
All of S&P's existing ratings on Travel + Leisure Co. are
unchanged.
Tour growth remained relatively flat for the first half of 2025,
relative to 2024, while volume per guest (VPG) grew approximately
6% due to a higher owner upgrade transaction mix, which generally
produces higher VPGs. As a result, vacation ownership revenue
increased 5% through the first six months of 2025. The company's
travel and membership segment continues to struggle due to industry
consolidation. Recent mergers and acquisitions across the timeshare
industry have resulted in networks with larger membership bases,
which reduce the demand for timeshare exchanges. Through the first
half of 2025, revenue in the travel and membership segment declined
approximately 7% due to fewer transactions, and the revenue decline
was only partially offset by cost reductions and restructuring that
the company completed in 2024. Company-adjusted EBITDA in the
travel and membership segment declined 10% through June 30, 2025.
S&P said, "We expect tour growth will remain muted through the
remainder of 2025 and that VPG will increase by mid-single-digit
percent. Additionally, we expect the company's travel and
membership segment will continue to decline by approximately 5% in
the second half of the year, though we believe the company could
take further steps to mitigate costs as it realigns the business."
S&P said, "Travel + Leisure reported trailing-12-month net leverage
(excluding securitization debt an including the finance subsidiary
EBITDA) of 3.4x through June 30, 2025; however, our measure of
leverage is typically higher due to our adjustments for operating
leases and the captive finance subsidiary's EBITDA, resulting in
S&P Global Ratings- adjusted leverage of 4.7x as of June 30, 2025.
We expect the company will end the year with leverage remaining in
the 4.5x-5.0x, which provides some cushion compared to our 5.5x
downgrade threshold for the 'BB-' rating."
Issue Ratings--Recovery Analysis
Key analytical factors
-- T+L's senior secured credit facility consists of a revolver
with $1 billion capacity and $857 million outstanding term loan B
due 2029. T+L, pro forma for this transaction will also have $650
million senior unsecured notes due 2026, $400 million senior
unsecured notes due 2027, $650 million senior unsecured notes due
2029, $350 million senior unsecured notes due 2030, and $500
million senior unsecured notes due 2033.
-- S&P's 'BB-' rating and '4' recovery rating on this facility
reflect its expectation for average (30%-50%; rounded estimate:
45%) recovery for lenders in the event of a default.
-- S&P said, "Our simulated default scenario contemplates a
payment default in 2029, reflecting the loss of key exclusivity
contracts in the exchange business with timeshare operators and
management contracts with homeowner associations, an overall
decline in the popularity of timeshares as a vacation alternative,
a severe economic downturn and tightening of consumer credit
markets, and illiquidity in the financial markets for timeshare
securitizations and conduit facilities. We assume a reorganization
following default, using an emergence EBITDA multiple of 6.5x to
value the company."
-- S&P incorporates its standard assumption that the revolver is
85% drawn for the purposes of our hypothetical default scenario and
this recovery analysis.
Simulated default assumptions
-- Emergence EBITDA: $334 million
-- EBITDA multiple: 6.5x
-- Revolving corporate credit facility: 85% drawn at default
Simplified waterfall
-- Gross recovery value: $2.17 billion
-- Net recovery value for waterfall after 5% administrative
expenses: $2.06 billion
-- Obligor/nonobligor valuation split: 100%/0%
-- Total value available for senior secured debt: $2.06 billion
-- Estimated senior secured debt claim: $4.35 billion
--Recovery expectation: 30%-50% (rounded estimate: 45%)
Note: All debt amounts include six months of prepetition interest.
UNIVERSAL BIOCARBON: Unsecured Creditors to Split $182K in Plan
---------------------------------------------------------------
Universal Biocarbon Inc. filed with the U.S. Bankruptcy Court for
the Southern District of Florida a Disclosure Statement describing
Plan of Reorganization dated July 29, 2025.
The Debtor operates a company that converts green waste into
agricultural "biocarbon" rich products, such as organic compost,
wood mulch and other related products. At the time of the case
filing, the Debtor was leasing and currently is still leasing the
land upon which is operates from U.S. Sugar.
When the Debtor began operating at the current location, it
intended to obtain a Palm Beach County Solid Waste Authority
("SWA") permit to process unground waste. The SWA permit is
important and, without it, the Debtor is only able to take in
ground or processed yard waste for processing, which limits its
operations and revenue. With the SWA permit, the Debtor will be
able to take in unground waste generated by landscapers and tree
trimmers, such as tree trimmings and clippings.
To this end, the Debtor obtained a post-petition loan in the amount
of $5,800,000.00 to purchase real and personal property and expand
its operations (the "Expansion Loan"). The Debtor filed a Motion
for Authorization to Obtain Post-Petition Financing, which was
granted by this Court. The lender is with an entity known as
Advisco Capital Corp. ("Lender") The loan is a three-part loan: (a)
a secured real estate term loan, (b) a secured equipment term loan
and (c) secured revolving credit facility.
The Debtor believes that the income from its future expanded
operations will be more than sufficient to support the payments
under the loan agreement. The loan commitment attached hereto shows
that $500,000.00 is placed aside to fund the Palm Beach County Tax
Collector, the administrative claims and unsecured creditor class.
The Debtor believes that it will be in a position to refinance the
loan at more reasonable rates after it has been out of bankruptcy
as a reorganized Debtor in sufficient time to satisfy the
outstanding balance of the loan at maturity, or as extended under
the option in the term sheet.
Class Six consists of General Unsecured Creditors. The general
unsecured claims prior to the filing of any objections total the
amount of $2,974,003.04. The Expansion Loan has a set aside
$500,000.00 toward the Palm Beach County Tax Collector claim,
administrative expenses and unsecured claims. Each creditor in this
class shall receive a pro rata distribution from this amount less
any outstanding administrative expenses and the Palm Beach County
Tax Collector claim the upon the later of (i) the Effective Date or
(ii) such the date upon which that all outstanding claims
objections are resolved, if any objections become litigated. No
less than $182,199.02 shall be paid to this class.
The dividend to this class of creditors is subject to change upon
the determination of objections to claims and the administrative
claims. To the extent that the Debtor is successful or unsuccessful
in any or all of the proposed Objections, then the dividend and
distribution to each individual Class of General Unsecured Claims
shall be adjusted accordingly. These claims are impaired.
Class Seven consists of Equity Holders. There shall be no
distribution to the equity holders of the Debtor under the
confirmed Plan and no dividends to this class of claimants. This
claim is impaired.
A full-text copy of the Disclosure Statement dated July 29, 2025 is
available at https://urlcurt.com/u?l=CW7DGb from PacerMonitor.com
at no charge.
Universal Biocarbon Inc. is represented by:
Craig I. Kelley, Esq.
Kelley Kaplan & Eller, PLLC
1665 Palm Beach Lakes Blvd., Suite 1000
West Palm Beach, FL 33401
Telephone: (561) 491-1200
Facsimile: (561) 684-3773
Email: bankruptcy@kelleylawoffice.com
About Universal Biocarbon Inc.
Universal Biocarbon Inc. transforms vegetative biomass such as yard
waste and tree trimmings, into high-quality carbon products like
compost, mulch, biochar, and activated carbon. Through a
partnership with the Sunshine State Biomass Cooperative, UBC
creates a cycle of beneficial reuse, sharing profits with the
suppliers of biomass feedstock. The company is based in Canal
Point, Fla.
Universal Biocarbon filed Chapter 11 petition (Bankr. S.D. Fla.
Case No. 25-10987-EPK) on Jan. 30, 2025, listing up to $1million in
assets and up to $10 million in liabilities. David Disbrow,
chairman and founder of Universal Biocarbon, signed the petition.
Judge Erik P. Kimball oversees the case.
Craig I. Kelley, at Kelley Kaplan & Eller, PLLC, is the Debtor's
legal counsel.
UPBOUND GROUP: S&P Rates New $1.1BB Term Loan 'BB-'
---------------------------------------------------
S&P Global Ratings assigned its 'BB-' issue-level rating to Upbound
Group Inc.'s proposed $1.1 billion term loan B due in August 2032.
The '3' recovery rating indicates S&P's expectation for meaningful
(50%-70%; rounded estimate: 65%) recovery for lenders in the event
of a payment default. However, the ratings are subject to receipt
and review of final documentation.
The new term loan facility will be used to refinance its
outstanding $798 million term loan B due in 2028, with the
remaining proceeds earmarked to repay roughly $302 million of
outstanding borrowings under its $550 million ABL facility. Pro
forma for the transaction, Upbound Group will have roughly $32
million drawn under its ABL facility. S&P views the transaction as
leverage neutral.
S&P said, "Our other ratings on Upbound Group, including the 'B'
Issue-level rating on the company's $450 million senior unsecured
notes and 'BB-' issuer credit rating and stable outlook, are
unchanged. We expect to withdraw our rating on the company's
existing term loan B facility upon close of the transaction."
Issue Ratings--Recovery Analysis
Key analytical factors
-- Pro forma for the transaction, Upbound Group's capital
structure comprises a $1.1 billion term loan facility due in 2032,
a $550 million ABL facility due in 2029, and $450 million of senior
unsecured notes due in 2029.
-- S&P raised its enterprise valuation at emergence to $1.09
billion from $811 million to reflect the company's improved
profitability over the past few years. Despite the increase in the
company's term loan amount, the '3' recovery rating is unchanged.
-- The '3' indicates S&P's expectation for meaningful (50%-70%;
rounded estimate: 65%) recovery in the event of payment default or
bankruptcy.
-- S&P simulates a default scenario occurring in 2029 due to a
significant slowdown in consumer discretionary spending, an
increasingly competitive retail environment, and strategic missteps
at Upbound. In this scenario, same-store sales turn negative,
margins deteriorate, and EBITDA plummets.
-- The default scenario assumes that the company would reorganize
as a going concern to maximize lenders' recovery prospects.
Therefore, S&P valued the company on a going-concern basis using a
5x multiple applied to its projected emergence-level EBITDA.
-- S&P's recovery analysis assumes $280 million of borrowings will
be outstanding under the company's $550 million ABL facility at
default, which reflects 60% utilization of the $550 million
commitment. S&P does not rate the company's ABL facility.
Simulated default assumptions
-- Simulated year of default: 2029
-- EBITDA at emergence: $217 million
-- Implied enterprise value (EV): 5x
-- Estimated gross EV at emergence: about $1.09 billion
Simplified waterfall
-- Net EV (after 5% administrative costs): $1.03 billion
-- Estimated priority claims: $286 million
-- Total senior secured debt claims: $1.09 billion
--Recovery range: 50%-70% (rounded estimate: 65%)
-- Senior unsecured debt claims: $464 million
--Recovery range: 0%-10% (rounded estimate: 0%)
Note: All debt amounts include six months of prepetition interest.
USA STAFFING: Affiliate Gets Extension to Access Cash Collateral
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division issued a second interim order authorizing Staffing
Management Group, LLC, an affiliate of Staffing Services, LLC, to
continue using cash collateral.
The second interim order signed by Judge Catherine Peek McEwen
authorized the Debtor to use cash collateral to pay the amounts
expressly authorized by the court, including payments to the U.S.
trustee for quarterly fees; the expenses set forth in the budget,
plus an amount not to exceed 10% for each line item; and additional
amounts subject to approval by senior creditor, Change Capital
Holdings I, LLC.
As adequate protection, Change Capital will be granted
first-priority perfected post-petition security interests in and
liens on all assets of the Debtor existing on or after the petition
date that are similar to its pre-bankruptcy collateral. These
replacement liens will have the same validity, extent and priority
as those that existed on the petition date.
In addition, Change Capital will receive a weekly payment of
$5,000.
As further protection, the Debtor was ordered to keep its property
insured in accordance with its loan agreement with the senior
creditor.
The next hearing is scheduled for August 19.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/ICGd4 from PacerMonitor.com.
About USA Staffing Services LLC
USA Staffing Services, LLC provides staffing solutions across the
United States through a network of locally owned partner offices.
It offers temporary staffing, direct hire, and customized workforce
solutions for businesses across various industries and locations.
USA Staffing Services and its affiliates, Staffing Management
Group, LLC and MK Ultra Investments, LLC filed Chapter 11 petitions
(Bankr. M.D. Fla. Lead Case No. 25-04358) on June 27, 2025. In its
petition, USA Staffing Services reported total assets of $6,315,418
and total liabilities of $3,239,607.
Judge Catherine Peek McEwen handles the cases.
The Debtors are represented by Daniel E. Etlinger, Esq., at
Underwood Murray, P.A.
USA STAFFING: Gets Final OK to Use Cash Collateral
--------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division granted USA Staffing Services, LLC final approval to use
cash collateral.
The final order authorized the Debtor to use cash collateral and to
continue factoring receivables under its factoring and security
agreement with secured creditor, REV Capital (California), Inc., in
accordance with its budget.
REV is not obligated to continue factoring, with the secured
creditor retaining its discretion to do so as provided in the
agreement, according to the final order.
As protection for any diminution in the value of its collateral and
as security for any post-petition advances or purchases made under
the factoring and security agreement, REV will be granted a
continuing replacement lien on and security interest in assets of
the Debtor existing on or after the petition date that are similar
to its pre-bankruptcy collateral. These rollover liens will have
the same validity, priority and extent as REV's pre-bankruptcy
lien.
Meanwhile, other creditors with interests in the cash collateral
will be granted replacement liens on any cash collateral acquired
by the Debtor after its Chapter 11 filing, with the same validity,
priority and extent as their pre-bankruptcy liens.
About USA Staffing Services LLC
USA Staffing Services, LLC provides staffing solutions across the
United States through a network of locally owned partner offices.
It offers temporary staffing, direct hire, and customized workforce
solutions for businesses across various industries and locations.
USA Staffing Services and its affiliates, Staffing Management
Group, LLC and MK Ultra Investments, LLC filed Chapter 11 petitions
(Bankr. M.D. Fla. Lead Case No. 25-04358) on June 27, 2025. In its
petition, USA Staffing Services reported total assets of $6,315,418
and total liabilities of $3,239,607.
Judge Catherine Peek McEwen handles the cases.
The Debtors are represented by Daniel E. Etlinger, Esq., at
Underwood Murray, P.A.
UST HOLDINGS: S&P Affirms 'BB-' ICR, Outlook Stable
---------------------------------------------------
S&P Global Ratings affirmed its 'BB-' issuer credit rating on UST
Holdings Ltd., a global information technology (IT) services and
solutions provider.
At the same time, S&P lowered its issue-level rating on the
company's first-lien debt to 'BB-' from 'BB'. The recovery rating
is now '3', reflecting greater expected claims in a simulated
default.
S&P said, "The stable outlook reflects our view that UST will
de-lever to 2.7x on an S&P adjusted basis by the end of 2025 (pro
forma for the sale of Healthproof), absent any debt financed
acquisitions or dividends. We expect the digital revenue segment
will return to organic growth during 2025 in the mid-single digit
percentage range as the company executes on new bookings wins."
UST Holdings has announced the sale of its Healthproof platform.
Proceeds of approximately $1.4 billion are expected to be used to
redeem capital stock from the company's shareholders as well as pay
related fees and expenses.
S&P said, "We expect the remaining company (which consists of UST's
digital solutions segment, CyberProof and SmartOps platforms, and
engineering offerings) to have robust growth in 2025 such that its
S&P Global Ratings-adjusted leverage is at 2.7x by year end. We
also expect the company's financial policy to support
deleveraging.
"UST's leverage will weaken, but our deleveraging expectations and
views of its financial polies continue to support the rating. UST
plans to divest its health care business process as a service
(BPaaS) subsidiary--UST Healthproof Inc.--which constituted
approximately 25% and 34% of the company's total revenue and
EBITDA, respectively. It will use the proceeds of roughly $1.35
billion solely to repurchase equity from Temasek and affiliates,
Tricase, and employees without repaying any debt. As such, we
expect pro forma leverage to rise to 3x. While this provides a
limited cushion to our downside trigger, we expect subsequent
deleveraging as revenues grow and margin expansion resumes after
the transaction. We project the company to end 2025 with S&P Global
Ratings-adjusted leverage of about 2.7x, with further improvement
anticipated in 2026. The company's financial policy supports modest
deleveraging. The company hasn't used leverage aggressively in the
past.
"We expect the remaining business' performance to remain healthy.
In our updated forecast, we project pro forma annual revenue growth
of approximately 8% for full-year 2025. Key factors supporting this
include recent multi-year contract wins (long-term contracts around
three to five years) spanning the health care, technology, and
financial services sectors, providing good revenue visibility. It
also includes our belief that demand for IT projects focused on
digital transformation, modernization, and AI-driven automation
remains strong. While budgetary constraints and sales-cycle
elongation have become prevalent in the industry due to
macroeconomic conditions, we believe UST has started to outperform
the market in 2025 given new contract wins.
"We expect some immediate margin degradation from the sale of
Healthproof, as this platform had higher margins than the corporate
average. However, we forecast that EBITDA margins will quickly
rebound by 2026 as the company experiences margin growth through
the use of AI, automation, and utilization improvements. These
growth initiatives should more than offset the natural margin
pressures in the IT services industry, whereby clients push for
cost reductions at the time of contract renewals. The company's
platforms business (excluding Healthproof) currently operates with
negative to low EBITDA margins, which should improve over the
longer term as the platforms scale and become more profitable.
"The stable outlook reflects our view that UST will de-lever to
2.7x on an S&P adjusted basis by the end of 2025 (pro forma for the
sale of Healthproof), absent any debt financed acquisitions or
dividends. We expect the digital revenue segment will return to
organic growth during 2025 in the mid-single digit percentage range
as the company executes on new bookings wins.
"We could lower the rating within the next year if UST's S&P Global
Ratings-adjusted leverage worsens to over 3x on a sustained basis.
This could occur from margin pressures resulting from pricing
pressures, project cost overruns, or large investment spending into
platforms. Leverage could also rise due to low utilization or
poorly executed acquisition integrations."
S&P could raise the rating if:
-- UST sustains leverage comfortably below 2x, including potential
future acquisitions and shareholder returns. This would require the
company to formally communicate and adhere to a leverage target
that equates to less than 2x on an S&P Global Ratings-adjusted
basis; or
-- S&P comes to have a more favorable view of the company's
business and positioning in the IT services sector. Key factors
supporting such a view could include improved product diversity,
increased contractual recurring software as a service (SaaS) or
BPaaS revenues, and improved profitability.
VILLAGE ROADSHOW: Plan Exclusivity Period Extended to November 12
-----------------------------------------------------------------
Judge Thomas M. Horan of the U.S. Bankruptcy Court for the District
of Delaware extended Village Roadshow Entertainment Group USA Inc.
and its affiliates' exclusive periods to file a plan of
reorganization and obtain acceptance thereof to November 12, 2025
and January 13, 2026, respectively.
As shared by Troubled Company Reporter, the Debtors claim that
extensive resources have been required of the Debtors and their
professionals to achieve the measures reached in these chapter 11
cases to date. In light of these circumstances, the Debtors submit
that the requested extensions are both appropriate and necessary to
afford the Debtors with sufficient time to adequately prepare a
viable chapter 11 plan and related disclosure statement. Moreover,
maintenance of the Debtors' exclusive right to file a plan
safeguards the optimal utilization of estate resources for the
benefit of all of the Debtors' stakeholders.
The Debtors explain that the sale and plan processes have required
(and continue to require) extensive negotiations and effort. The
Debtors continue to work with parties in interest, including the
Debtors' prepetition and postpetition lenders, Warner Bros., the
Committee, the U.S. Trustee, and others to finalize the Sales and
ultimately forge a consensual path towards confirmation. Indeed,
the Debtors and their professionals were required to devote
substantial time, energy, and resources to reach this point in
these chapter 11 cases.
The Debtors assert that they have made significant progress in the
months that these chapter 11 cases have been pending, demonstrated
most recently by the entry of the Library Sale Order and other
sales totaling approximately $440 million. An extension of the
Exclusive Periods as requested herein will allow the Debtors to
finalize a chapter 11 plan that meets the requirements of the
Bankruptcy Code. Accordingly, the Debtors' efforts to date and the
tasks that remain to be completed justify the extension of the
Exclusive Periods.
The Debtors further assert that they have endeavored to establish
and maintain cooperative working relationships with its primary
creditor constituencies. Importantly, the Debtors are not seeking
the extension of the Exclusive Periods to delay administration of
these chapter 11 cases or to exert pressure on its creditors, but
rather to continue the orderly, efficient, and cost-effective
chapter 11 process. Thus, this factor also weighs in favor of the
requested extension of the Exclusive Periods.
Co-Counsel for the Debtors:
Joseph M. Mulvihill, Esq.
Benjamin C. Carver, Esq.
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Rodney Square
1000 North King Street
Wilmington, DE 19801
Tel: (302) 571-6600
Fax: (302) 571-1253
Email: jmulvihill@ycst.com
bcarver@ycst.com
Co-Counsel for the Debtors:
Justin R. Bernbrock, Esq.
Matthew T. Benz, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
321 North Clark Street, 32nd Floor
Chicago, Illinois 60654
Tel: (312) 499-6300
Fax: (312) 499-6301
Email: jbernbrock@sheppardmullin.com
mbenz@sheppardmullin.com
- and -
Jennifer L. Nassiri, Esq.
1901 Avenue of the Stars, Suite 1600
Los Angeles, CA 90067
Tel: (310) 228-3700
Fax: (310) 228-3701
Email: jnassiri@sheppardmullin.com
- and -
Alyssa Paddock, Esq.
30 Rockefeller Plaza, 39th Floor
New York, NY 10112
Tel: (212) 653-8700
Fax: (212) 653-8701
Email: apaddock@sheppardmullin.com
About Village Roadshow Entertainment Group
Village Roadshow Entertainment Group USA Inc. and its affiliates
are a prominent independent producer and financier of major
Hollywood films, having produced over 100 successful movies since
1997. Their portfolio includes globally recognized blockbusters
such as "Joker," "The Great Gatsby," and the "Matrix" trilogy.
Before the WB Arbitration, which began in 2022, the Company had a
profitable and well-established co-production and co-financing
partnership with Warner Bros. Entertainment Inc. and its affiliates
("WB"), resulting in many successful projects. The Debtor's most
valuable assets include its Film Library and Derivative Rights,
stemming from its extensive and enduring film industry presence.
Village Roadshow Entertainment Group USA Inc. and its affiliates
sought relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
D. Del. Lead Case No. 25-10475) on March 17, 2025. In the petitions
signed by Keith Maib, chief restructuring officer, the Debtors
disclosed up to $500 million in estimated assets and up to $1
billion in estimated liabilities.
Bankruptcy Judge Thomas M. Horan handles the cases.
The Debtors tapped Young Conaway Stargatt & Taylor, LLP as local
counsel; Sheppard, Mullin, Richter & Hampton LLP as bankruptcy
counsel; Kirkland & Ellis LLP as special litigation counsel;
Accordion Partners, LLC as financial and restructuring advisor; and
Solic Capital Advisors, LLC as investment banker. Kurtzman Carson
Consultants, LLC, doing business as Verita Global, is the Debtors'
claims and noticing agent and administrative advisor.
VOLTARELLI PROPERTIES: Hires Steven D. Pertuz as Legal Counsel
--------------------------------------------------------------
Voltarelli Properties seeks approval from the U.S. Bankruptcy Court
for the District of New Jersey to hire The Law Offices of Steven D.
Pertuz, LLC, as bankruptcy counsel.
The firm will provide services in connection with the Debtor's
Chapter 11 case, which include legal advice regarding its rights
and obligations under the Bankruptcy Code; negotiations to obtain
financing; assistance with respect to the sale of its assets; and
the preparation of a bankruptcy plan.
The firm will charge $395 per hour for the services of its
attorneys. Law clerks and support staff charge $90 per hour.
The firm received an initial retainer of $15,000.
Steven D. Pertuz is "disinterested" within the meaning of Section
101(14) of the Bankruptcy Code, according to court filings.
The firm can be reached through:
Steven D. Pertuz, Esq.
The Law Offices of Steven D. Pertuz, LLC
111 Northfield Avenue, Suite 304
West Orange, NJ 07052
Tel: (973) 669-8600
Fax: (973) 669-8700
Email: pertuzlaw@verizon.net SDP 5632
About Voltarelli Properties
Voltarelli Properties filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D.N.J. Case No. 25-16160)
on June 10, 2025.
Judge Stacey L Meisel presides over the case.
The Law Offices of Steven D. Pertuz, LLC, is the Debtor's legal
counsel.
VOYAGER DIGITAL: Former Bank Temporarily Avoids Fraud Lawsuit
-------------------------------------------------------------
Sydney Price of Law360 reports that Metropolitan Commercial Bank,
the former banking partner of Voyager Digital, has secured the
dismissal of a 53-count lawsuit accusing it of aiding the failed
crypto lender's misconduct and seeking to hold it liable for
reimbursing platform users.
The court found that the complaint, as currently filed, does not
plausibly allege fraud or unjust enrichment, the report states.
About Voyager Digital Holdings
Based in Toronto, Canada, Voyager Digital Holdings Inc. --
https://www.investvoyager.com/ -- ran a cryptocurrency platform.
Voyager claimed to offer a secure way to trade over 100 different
crypto assets using its easy-to-use mobile application. Through its
subsidiary Coinify ApS, Voyager provided crypto payment solutions
for both consumers and merchants around the globe.
Voyager Digital Holdings Inc. and two affiliates sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead
Case No. 22-10943) on July 5, 2022. In the petition filed by
Stephen Ehrlich, chief executive officer, the Debtors estimated
assets and liabilities between $1 billion and $10 billion.
Judge Michael E. Wiles oversees the cases.
The Debtors tapped Kirkland & Ellis, LLP as general bankruptcy
counsel; Berkeley Research Group, LLC, as financial advisor; Moelis
& Company as investment banker; Consello Group as strategic
financial advisor; Deloitte Tax, LLP as tax services provider; and
Deloitte & Touche, LLP, as accounting advisor. Stretto, Inc., is
the claims agent.
On July 19, 2022, the U.S. Trustee for Region 2 appointed an
official committee of unsecured creditors in the Chapter 11 cases.
The committee tapped McDermott Will & Emery, LLP as bankruptcy
counsel; FTI Consulting, Inc., as financial advisor; Cassels Brock
& Blackwell, LLP as Canadian counsel; and Epiq Corporate
Restructuring, LLC, as noticing and information agent.
The committee also tapped the services of Harney Westwood &
Riegels, LP, in connection with Three Arrows Capital Ltd.'s
liquidation proceedings in British Virgin Islands.
On July 6, 2022, the Debtors filed a joint Chapter 11 plan of
reorganization.
* * *
Following an auction process, the Debtors in September 2022
selected the bid submitted by FTX US' West Realm Shires Inc. as the
winning bid for the assets. But after a series of events, FTX
collapsed in November 2022, before the sale could be completed.
After reopening bidding, Voyager Digital selected the offer from
U.S. exchange BAM Trading Services Inc. (doing business as
"Binance.US") as the highest and best bid for its assets. Binance's
bid is valued at $1.022 billion.
In April 2023, Binance.US called off its deal to buy assets of
bankrupt crypto lender Voyager Digital, citing a "hostile and
uncertain regulatory climate."
W.R. GRACE: S&P Assigns 'B-' Rating on Proposed Term Loan B
-----------------------------------------------------------
S&P Global Ratings assigned its 'B-' issue-level rating and '3'
recovery rating to W.R. Grace Holdings Inc.'s proposed term loan B
due in 2032. The '3' recovery rating indicates its expectation for
meaningful (50%-70%; rounded estimate: 60%) recovery in the event
of a payment default.
S&P expects Grace will use proceeds from the issuance and other
secured debt, in addition to $250 million of common equity
contributed by parent Standard Industries, to repay its existing
term loan ($1.2 billion outstanding). Remaining proceeds will be
used to repay incremental revolver borrowings (about $150 million
outstanding on the revolver prior to the transaction) and for fees
and expenses related to the transaction.
The transaction itself is credit positive and will improve
liquidity, free cash flow, and leverage. Cumulatively, the three
equity contributions this year by Standard should improve Grace's
S&P Global Ratings-adjusted debt to EBITDA by about one turn and
lead to annual cash savings (interest and tax distributions) of
over $30 million per year. S&P said, "We expect this will be offset
by lower EBITDA in 2025 and sluggish demand, particularly in the
company's specialty catalyst (SC) business. We expect SC sales to
remain challenged for at least the remainder of the year as Grace's
petrochemical customers grapple with a prolonged downturn
characterized by industry overcapacity, weak margins, and tariff
uncertainty."
S&P said, "All our ratings on Grace, including our 'B-' issuer
credit rating, 'B-' rating on its existing secured debt, and 'CCC'
rating on its unsecured notes, are unchanged. The stable outlook
reflects our view that the positive implications from recent debt
repayment will be offset be weaker than anticipated specialty
catalyst demand and lower EBITDA in 2025."
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- S&P's 'B-' issue-level rating on the company's senior secured
debt, including W.R. Grace's revolving credit facility and senior
secured notes, is unchanged. Our '3' recovery rating is also
unchanged, indicating our expectation for meaningful (50%-70%;
rounded estimate: 60%) recovery in the event of a payment default.
-- The borrower under the senior secured credit facility is W.R.
Grace Holdings LLC, with subsidiary guarantees provided by each
direct and indirect, existing, and future materially wholly owned
restricted domestic subsidiary, in addition to a parent guarantee
by W.R. Grace Midco Holdings LLC.
-- The facility is secured by a first-lien security interest in
substantially all property of the borrower and guarantors and ranks
pari passu with the senior secured notes. In addition to W.R. Grace
Holdings LLC, the revolver facility includes subsidiary W.R. Grace
& Co.-Conn as a coborrower.
-- S&P's 'CCC' issue-level rating and '6' recovery rating on the
company's senior unsecured notes are also unchanged. The '6'
recovery rating indicates its expectation for negligible (0%-10%;
rounded estimate: 5%) recovery.
Simulated default assumptions
-- S&P's simulated default scenario considers an extended global
economic recession, rising raw material costs, and intensifying
competition that result in financial distress for the company if
the scenario continues for an extended period of time and it
materially uses its liquidity to fund cash shortfalls.
-- $450 million revolver is 85% utilized.
-- Six months of accrued and unpaid interest on all funded debt.
-- All scheduled principal amortization made up until the year of
default.
-- S&P said, "We estimate a $2 billion gross recovery value
assuming emergence EBITDA of $326 million and a 6x multiple. We
anticipate the company would cut costs and rationalize its business
such that profitability generally normalizes. Our 6x multiple
reflects the company's large market share and long-established
operating platform in specialty chemicals."
-- Year of default: 2027
-- EBITDA at emergence: $326 million
-- Implied enterprise value multiple: 6x
Simplified waterfall
-- Gross recovery value: $1.953 billion
-- Less assumed estimated unfunded pension claims: $162 million*
-- Adjusted gross recovery value: $1.792 billion
-- Less 5% administration expense: $90 million
-- Net recovery value (after 5% administrative expenses): $1.702
billion
-- Valuation split (guarantor/nonguarantor): 60%/40%
-- Less: Unpledged 35% of foreign subsidiary stock: $224 million
-- First-lien recovery (including recovery on deficiency claims):
$1.58 billion
-- First-lien debt outstanding at default: $2.504 billion
--First-lien recovery expectations: 50%-70% (rounded estimate:
60%)
-- Unsecured recovery: $224 million
-- Total unsecured claims: $2.256 billion
--Unsecured recovery expectation: 0%-10% (rounded estimate:
5%)
S&P assumes unfunded pension claims of $54 million domestic and
$107 million foreign. All debt amounts at default include six
months of accrued prepetition interest. Collateral value includes
asset pledges from obligors (after priority claims) including
equity pledges (subject to a limit of 65% of foreign stock
pledges).
WEABER INC: Seeks Chapter 11 Bankruptcy in Pennsylvania
-------------------------------------------------------
On August 1, 2025, Weaber Inc. filed Chapter 11 protection in
the Middle District of Pennsylvania. According to court filing,
the Debtor reports between $10 million and $50 million in debt
owed to 50 and 99 creditors. The petition states funds will be
available to unsecured creditors.
About Weaber Inc.
Weaber Inc. manufactures and distributes hardwood lumber products
across the United States. Combining advanced production technology
with strict quality standards, it supplies flooring, trim, paneling
and other specialty hardwood components in both full-truckload and
small-lot deliveries.
Weaber Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. M.D. Pa. Case No. 25-02167) on August 1, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $10 million and $50 million each.
Honorable Bankruptcy Judge Henry W. Van Eck handles the case.
The Debtor is represented by Albert A. Ciardi, III, Esq. at CIARDI
CIARDI AND ASTIN.
WELLMADE FLOOR: Case Summary & 30 Largest Unsecured Creditors
-------------------------------------------------------------
Lead Debtor: Wellmade Floor Coverings International, Inc.
19150 SW 125th CT
Tualatin, OR 97062
Business Description: Wellmade Floor Coverings International,
Inc., manufactures and distributes hard-
surface flooring products, including bamboo,
hardwood, and vinyl. The privately owned
Company is based in the United States, with
a manufacturing facility in Cartersville,
Georgia, and sales offices and warehousing
in Portland, Oregon. A non-debtor affiliate
operates in China.
Chapter 11 Petition Date: August 4, 2025
Court: United States Bankruptcy Court
Northern District of Georgia
Two affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Wellmade Floor Coverings International, Inc. (Lead) 25-58764
Wellmade Industries MFR. N.A LLC 25-58760
Judge: Hon. Sage M. Sigler
Debtors'
Bankruptcy
Counsel: John D. Elrod, Esq.
Allison J. McGregor, Esq.
GREENBERG TRAURIG, LLP
3333 Piedmont Road NE, Suite 2500
Atlanta GA 30305
Tel: 678-553-2259
Fax: 678-553-2269
Email: ElrodJ@gtlaw.com
Allison.McGregor@gtlaw.com
Debtors'
Claims,
Noticing,
Solicitation &
Administrative
Agent: KURTZMAN CARSON CONSULTANTS, LLC
d/b/a VERITA GLOBAL
Lead Debtor's
Estimated Assets: $50 million to $100 million
Lead Debtor's
Estimated Liabilities: $10 million to $50 million
The petitions were signed by David Baker as chief restructuring
officer.
Full-text copies of the petitions are available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/JP3IRHA/Wellmade_Industries_MFR_NA_LLC__ganbke-25-58760__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/JV3B7XY/Wellmade_Floor_Coverings_International__ganbke-25-58764__0001.0.pdf?mcid=tGE4TAMA
Consolidated List of Debtors' 30 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Flooring Investments LLC Note $3,000,000
2900 NE Blakeley St., Suite B
Seattle, WA 98105
Joseph Brotherton
Email: Joeb@joebrotherton.com
2. Liberty Mutual Insurance Insurance $709,168
175 Berkely St.
Boston, MA 02116
Phone: (425) 709-3600
3. Vietnam Naise New Trade $507,582
Materials Company Limited
Lot CN-10
Song Khe-Noi Hoang Industrial Zone
Bac Giang City, Vietnam
4. Georgia Power Utilities $374,171
241 Ralph McGill Blvd NE
Atlanta, GA 30308
Phone: (888) 660-5890
5. Yschem New Materials Company Trade $210,702
Bat Phi Quarter, Nhan Hoa Ward
Que Vo Town,
Bac Ninh Province, Vietnam
6. Kodi New Material Company Limited Trade $150,190
Lot CN-10, Hoa Phu Industrial Park
Mai Dinh Commune, Hiep Hoa District
Bac Giang Province, Vietnam
Email: kodivietnam.ltd@gmail.com
7. I4F Licensing NV Licensing $118,241
Industriedijk 19
2300 Turnhout, Belgium
Phone: +32 (0) 11 922 111
Email: finance@i4f.com
8. IVC US LLC Trade $115,626
160 South Industrial Blvd
Calhoun, GA 30701
9. Wexford International Inc. Trade $109,123
190 Main St., Suite 102
Gladstone, NJ 07934
Phone: (908) 781-7200
Email: contact@wexfordint.com
10. Verity Properties, Inc. Rent $77,063
1000 N Green Valley Pkwy Ste 440,
Henderson, NV 89074
erry L. and Deborah J. Ivy
Phone: (650) 967-3085 ext. 112
Email: accounts-receivable@verityproperties.com
11. Faven Professional $70,757
795 Hammond Dr. Unit 403, Services
Atlanta, GA 30328
12. U.S. Customs and Tax $67,823
Border Protection
1300 Pennsylvania Ave NW,
Washington, DC 20229
13. Imerys Carbonates USA, Inc. Trade $59,530
100 Mansell Ct. E, Suite 300
Roswell, GA 30076
Email: ar.imerys@btclients.com
14. ABF Freight Trade $58,187
1165 Wilburn Rd
Conley, GA 30288
Phone: (503) 228-2361
Email: achremittance@arcb.com
15. Venable LLP Professional $54,449
600 Massachusetts Ave NW Services
Washington, DC 20001
Phone: (410) 528-2805
Email: Finance@Venable.com
16. Sherwin-Williams Company Trade $52,704
101 W Prospect Ave
Cleveland, OH 44115
Greg M. Fuller
Phone: (404) 542-5623
Email: greg.m.fuller@sherwin.com
17. Netsuite Trade $44,257
500 Oracle Parkway
Redwood Shores, CA 94065
Phone: (800) 762-5524
18. Robbins Litigation Professional $43,936
and Regulatory Law Services
500 14th Street NW
Atlanta, GA 30318
19. ShinHo Industry Corp. Trade $34,048
No. 6, Jing 1st Rd, Wuqi District
Taichung City, Taiwan 435
David Jo
Phone: +82 10 9166 8411
Email: davidjo@shinhodecor.com
20. Hong Kong Jianchuan Trading Trade $32,596
Company Limited
Unit 1101, 11/F, Chao's Building
143-145 Bonham Strand East
Sheung Wan, Hong Kong
Zhang Hengfeng
Phone: +86-18018228222
Email: milans@mt-floor.com
21. Freeman – International Professional
$32,062
Services Event Services
1600 Viceroy Dr
Dallas, TX 75235
22. Davis Wright Tremaine LLP Professional $26,932
300 N LaSalle St #2200 Services
Chicago, IL 60654
James M. Mei
Phone: (503) 778-5315
Email: Jimmei@dwt.com
23. Clifton Larson Allen LLP Professional $25,628
3575 Piedmont Rd NE, Services
Bldg 15, Ste 155
Atlanta, GA 30305
24. GP Corrugated LLC Trade $23,935
950 W Industrial Blvd,
McDonough, GA 30253
Email: SVC_GPCashApp@gapac.com
25. Estes Express Trade $22,633
6125 Duquesne Dr SW,
Atlanta, GA 30336
26. Total Talent Search, Inc. Professional $20,700
1000 Corporate Landing Pkwy Services
Virginia Beach, VA 23454
27. Anhui Sunhouse Floor Trade $18,269
Technology Co. Ltd.
Cheng Nan Industrial Park, Yu'an District
Liuan, Anhui, China 237000
Peter Zhang
Phone: 13305650178
Email: peter@sunhousefloor.com
28. Vietnam Heng LI New Trade $17,946
Materials Co. Ltd Lot CN-03
Song Khe-Noi Hoang Industrial Zone
Bac Giang City, Vietnam
29. Maanshan Best Purchaser Trade $17,516
Import and Export Trad Co. Ltd
Building G2, No. 18 Xingye Road
Baochanshan Economic Park
Hanshan County, Maanshan City
Anhui Province, China
30. Recruit Mate LLC Professional $16,848
455 Old Grassdale Road NE Services
Cartersville, GA 30121
Phone: (404) 719-9987
Email: Recruit.Mate@outlook.com
[] Commercial Chapter 11 Filing Rose 78% in July 2025
-----------------------------------------------------
Epiq AACER reports that U.S. bankruptcy activity surged in July
2025, led by a sharp rise in commercial Chapter 11 filings,
according to data from Epiq AACER.
Commercial Chapter 11 filings totaled 911 for the month, marking a
78% increase from 512 filings in July 2024. Overall commercial
bankruptcies rose 26% year-over-year, reaching 2,997 compared to
2,371 in the same month last 2024. Subchapter V filings -- used by
small businesses under Chapter 11 -- grew 30% to 206, up from 159
in July 2024.
Total bankruptcy filings across the U.S. reached 49,614 in July
2025, a 12% increase from 44,452 in the same period last year.
Noncommercial filings rose 11% to 46,617, driven by increases in
consumer filings. Chapter 7 filings grew 13% to 29,122 from 25,716,
while Chapter 13 filings rose 7% to 17,392 from 16,303, according
to Epiq AACER.
"Both consumers and businesses are increasingly turning to
bankruptcy protection amid persistent financial pressures," said
Michael Hunter, vice president at Epiq AACER. "We're seeing
continued growth in filings as the economy grapples with inflation,
high interest rates, household debt, rising delinquencies, and
global instability."
Compared to June 2025, commercial Chapter 11 filings jumped 46%
from 626, while total commercial filings rose 15% from 2,601.
Overall bankruptcy filings increased 7% from 46,239, and
noncommercial filings also rose 7% from 43,638. Month-over-month,
Chapter 7 and Chapter 13 filings each climbed 7% from June levels,
while Subchapter V elections dipped slightly—down 2% from 211 to
206, according to report.
Amy Quackenboss, Executive Director of the American Bankruptcy
Institute (ABI), noted the need for legislative support: "With
economic strain persisting, we applaud Congress for considering the
restoration of higher debt limits for Subchapter V and Chapter 13,
which would expand access to relief for small businesses and
consumers."
On July 15, the House Judiciary Subcommittee on the Administrative
State, Regulatory Reform, and Antitrust held a hearing on
bankruptcy law and reform. Lawmakers across party lines supported
reinstating the higher debt thresholds that expired last 2025, the
report states.
[] Garnet Capital Closes $35M Bankruptcy Loan Portfolio Sale
------------------------------------------------------------
Garnet Capital Advisors, a nationally recognized loan sale advisor,
announced two successfully closed consumer loan sales totaling $35
million in UPB. The loans were sold on behalf of Huron Trustee
Group, a leading consulting firm in North America, following the
bankruptcy of the originator and initial servicers.
This loan sale featured a unique blend of consumer loan products
including home improvement, student loans, motorcycle, pilot
training, RVs and more. The sale was completed in two parts: the
first consisted primarily of performing loans, while the second
included a mix of performing and charged-off loans. As part of our
comprehensive portfolio analytics process, Garnet coordinated with
5+ servicers to compile accurate and comprehensive cash flow
schedules for each loan type, enabling buyers to evaluate this
complex mix of assets.
The sales featured a two-round bid process with the offering
schedule coordinating with court requirements and timeframes. This
process, which attracted multiple registered buyers, resulted in a
successful sale.
Timothy Madigan, Managing Director at Garnet Capital, stated: "The
Garnet approach of vetting the data and making sense of the assets
was critical to success of the sale. We were able to work with the
seller and the buyer to make sure the sale was completed in
compliance with the bankruptcy court. This was a complicated deal
given the various asset types and numerous servicers, and the fact
the loans were entangled in a bankruptcy case."
About Garnet Capital
Garnet Capital is a top loan sale advisory firm with over 20 years
of experience. Garnet is focused on loan sale advisory for banks,
credit unions, hedge funds and specialty finance companies. Its
team is made up of 28 professionals, each dedicated to maintaining
the firm's integrity and delivering personalized, client-centric
strategies that ensure successful execution and long-term
relationships.
[^] Recent Small-Dollar & Individual Chapter 11 Filings
-------------------------------------------------------
In re Timothy Kyle Standley
Bankr. E.D. Cal. Case No. 25-23844
Chapter 11 Petition filed July 25, 2025
represented by: Thomas B. Ure, Esq.
In re Rumiya Kalieva
Bankr. S.D. Fla. Case No. 25-18573
Chapter 11 Petition filed July 27, 2025
represented by: Brian McMahon, Esq.
In re Jacob Frese
Bankr. W.D. Ark. Case No. 25-71276
Chapter 11 Petition filed July 27, 2025
represented by: Stanley Bond, Esq.
In re Paul A. Fields
Bankr. N.D. Ala. Case No. 25-02214
Chapter 11 Petition filed July 28, 2025
represented by: Robert Keller, Esq.
In re Daniel Matthew Franklin and Chelsey Ann Franklin
Bankr. D. Colo. Case No. 25-14708
Chapter 11 Petition filed July 28, 2025
represented by: David Wadsworth, Esq.
WADSWORTH GARBER WARNER CONRARDY, P.C.
Email: dwadsworth@wgwc-law.com
In re Annette Christina Cuza
Bankr. M.D. Fla. Case No. 25-04690
Chapter 11 Petition filed July 28, 2025
See
https://www.pacermonitor.com/view/3SXLZDQ/Annette_Christina_Cuza__flmbke-25-04690__0001.0.pdf?mcid=tGE4TAMA
represented by: Daniel A. Velasquez, Esq.
LATHAM LUNA EDEN & BEAUDINE LLP
E-mail: dvelasquez@lathamluna.com
In re Mark Albert Lowery
Bankr. M.D. Fla. Case No. 25-02562
Chapter 11 Petition filed July 28, 2025
represented by: Bryan Mickler, Esq.
LAW OFFICES OF MICKLER & MICKLER, LLP
Email: bkmickler@planlaw.com
In re Investment Builders Partners LLC
Bankr. D. Ariz. Case No. 25-06937
Chapter 11 Petition filed July 29, 2025
See
https://www.pacermonitor.com/view/2427JKI/INVESTMENT_BUILDERS_PARTNERS_LLC__azbke-25-06937__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Adlai Momtaz Karim
Bankr. N.D. Cal. Case No. 25-41344
Chapter 11 Petition filed July 29, 2025
In re Alexis A Morales- Loaisiga and Humberto R Salazar Silva
Bankr. N.D. Cal. Case No. 25-30594
Chapter 11 Petition filed July 29, 2025
represented by: Nancy Weng, Esq.
In re Richard Paul Kingsborough and Cynthia Eileen Kingsborough
Bankr. N.D. Cal. Case No. 25-10461
Chapter 11 Petition filed July 29, 2025
represented by: Brent Meyer, Esq.
In re Wolfe-Blurton Funeral Home Inc.
Bankr. C.D. Ill. Case No. 25-90427
Chapter 11 Petition filed July 29, 2025
See
https://www.pacermonitor.com/view/CTG55EY/Wolfe-Blurton_Funeral_Home_Inc__ilcbke-25-90427__0001.0.pdf?mcid=tGE4TAMA
represented by: Jeana K. Reinbold, Esq.
SGRO, HANRAHAN, DURR, RABIN & REINBOLD,
LLP
E-mail: jeana@casevista.com
In re Omy's Couture Hair Design LLC
Bankr. M.D. Fla. Case No. 25-05233
Chapter 11 Petition filed July 29, 2025
See
https://www.pacermonitor.com/view/T2TAHXI/Omys_Couture_Hair_Design_LLC__flmbke-25-05233__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re B&T Investment, LLC
Bankr. S.D. Fla. Case No. 25-18655
Chapter 11 Petition filed July 29, 2025
See
https://www.pacermonitor.com/view/5FZ2Y2Y/BT_Investment_LLC__flsbke-25-18655__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Botica LLC
Bankr. N.D. Ga. Case No. 25-58444
Chapter 11 Petition filed July 29, 2025
See
https://www.pacermonitor.com/view/ASENKIY/Botica_LLC__ganbke-25-58444__0001.0.pdf?mcid=tGE4TAMA
represented by: Jonathan A. Akins, Esq.
SCHREEDER, WHEELER & FLINT, LLP
E-mail: jakins@swfllp.com
In re RMN Investment Group, LLC
Bankr. N.D. Ga. Case No. 25-58448
Chapter 11 Petition filed July 29, 2025
See
https://www.pacermonitor.com/view/PGLZDBQ/RMN_Investment_Group_LLC__ganbke-25-58448__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Ernest B. Edwards
Bankr. N.D. Ill. Case No. 25-11578
Chapter 11 Petition filed July 29, 2025
represented by: Carolina Sales, Esq.
In re Eugene Oppman
Bankr. E.D. La. Case No. 25-11609
Chapter 11 Petition filed July 29, 2025
represented by: William Steffes, Esq.
THE STEFFES FIRM, LLC
E-mail: bsteffes@steffeslaw.com
In re PRND3L, Inc.
Bankr. D. Mass. Case No. 25-40801
Chapter 11 Petition filed July 29, 2025
See
https://www.pacermonitor.com/view/F37YHEI/PRND3L_Inc__mabke-25-40801__0001.0.pdf?mcid=tGE4TAMA
represented by: Joseph Bodoff, Esq.
RUBIN AND RUDMAN LLP
E-mail: jbodoff@rubinrudman.com
In re Jamaica Estates South Design Group LLC
Bankr. E.D.N.Y. Case No. 25-43600
Chapter 11 Petition filed July 29, 2025
See
https://www.pacermonitor.com/view/2SGZD5I/Jamaica_Estates_South_Design_Group__nyebke-25-43600__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Lake Salisbury LLC
Bankr. S.D.N.Y. Case No. 25-11661
Chapter 11 Petition filed July 29, 2025
See
https://www.pacermonitor.com/view/WD72FXI/LAKE_SALISBURY_LLC__nysbke-25-11661__0001.0.pdf?mcid=tGE4TAMA
represented by: Solomon Rosengarten, Esq.
SOLOMON ROSENGARTEN
E-mail: vokma@aol.com
In re Lake Salisbury LLC
Bankr. S.D.N.Y. Case No. 25-11660
Chapter 11 Petition filed July 29, 2025
See
https://www.pacermonitor.com/view/WFWDQGQ/LAKE_SALISBURY_LLC__nysbke-25-11660__0001.0.pdf?mcid=tGE4TAMA
represented by: Solomon Rosengarten, Esq.
SOLOMON ROSENGARTEN
E-mail: vokma@aol.com
In re Michelle E. MacGregor
Bankr. D. Ore. Case No. 25-62106
Chapter 11 Petition filed July 29, 2025
represented by: Theodore Piteo, Esq.
In re Christopher J Younger
Bankr. W.D. Pa. Case No. 25-21959
Chapter 11 Petition filed July 29, 2025
Filed Pro Se
In re Patrick Jay McCauley and Paricia Lee McCauley
Bankr. E.D. Cal. Case No. 25-23919
Chapter 11 Petition filed July 30, 2025
In re Donald James Runnals
Bankr. N.D. Cal. Case No. 25-41356
Chapter 11 Petition filed July 30, 2025
In re Elm Street REI, LLC
Bankr. D. Mass. Case No. 25-40807
Chapter 11 Petition filed July 30, 2025
See
https://www.pacermonitor.com/view/5XLFD2Q/Elm_Street_REI_LLC__mabke-25-40807__0001.0.pdf?mcid=tGE4TAMA
represented by: James P. Ehrhard, Esq.
JAMES P. EHRHARD, ESQ.
E-mail: ehrhard@ehrhardlaw.com
In re Boothe Investments LLC
Bankr. D. Mass. Case No. 25-40803
Chapter 11 Petition filed July 30, 2025
See
https://www.pacermonitor.com/view/6RZBRGQ/Boothe_Investments_LLC__mabke-25-40803__0001.0.pdf?mcid=tGE4TAMA
represented by: James P. Ehrhard, Esq.
JAMES P. EHRHARD, ESQ.
E-mail: ehrhard@ehrhardlaw.com
In re Christopher Fischer
Bankr. E.D. Mo. Case No. 25-20128
Chapter 11 Petition filed July 30, 2025
represented by: David Dare, Esq.
In re Las Vegas ILPK 28O L L C
Bankr. D. Nev. Case No. 25-14373
Chapter 11 Petition filed July 30, 2025
See
https://www.pacermonitor.com/view/YS2PZUQ/LAS_VEGAS_ILPK_28O_L_L_C__nvbke-25-14373__0001.0.pdf?mcid=tGE4TAMA
represented by: David J. Winterton, Esq.
DAVID WINTERTON & ASSOCIATES, LTD.
E-mail: autumn@davidwinterton.com
In re Hooper Property LLC
Bankr. M.D. Tenn. Case No. 25-03119
Chapter 11 Petition filed July 30, 2025
See
https://www.pacermonitor.com/view/ZALX4DI/Hooper_Property_LLC__tnmbke-25-03119__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Christopher J McCoy
Bankr. W.D. Wash. Case No. 25-12111
Chapter 11 Petition filed July 30, 2025
represented by: Steven Palmer, Esq.
CAIRNCROSS & HEMPELMANN, PS
Email: spalmer@cairncross.com
In re Slate Gap Signs, LLC
Bankr. W.D. Ark. Case No. 25-71331
Chapter 11 Petition filed July 31, 2025
See
https://www.pacermonitor.com/view/AOLEN3A/Slate_Gap_Signs_LLC__arwbke-25-71331__0001.0.pdf?mcid=tGE4TAMA
represented by: Stanley V. Bond, Esq.
BOND LAW OFFICE
E-mail: attybond@me.com
In re Frese Industries, Inc.
Bankr. W.D. Ark. Case No. 25-71330
Chapter 11 Petition filed July 31, 2025
See
https://www.pacermonitor.com/view/I2O2YEA/Frese_Industries_Inc__arwbke-25-71330__0001.0.pdf?mcid=tGE4TAMA
represented by: Stanley V. Bond, Esq.
BOND LAW OFFICE
E-mail: attybond@me.com
In re I V Support Systems, Inc.
Bankr. C.D. Cal. Case No. 25-12139
Chapter 11 Petition filed July 31, 2025
See
https://www.pacermonitor.com/view/4B4BPXQ/I_V_Support_Systems_Inc__cacbke-25-12139__0001.0.pdf?mcid=tGE4TAMA
represented by: Aaron E. de Leest, Esq.
MARSHACK HAYS WOOD LLP
E-mail: adeleest@marshackhays.com
In re Bhowmick Liquor Inc.
Bankr. D. Colo. Case No. 25-14811
Chapter 11 Petition filed July 31, 2025
See
https://www.pacermonitor.com/view/XC2TEQI/Bhowmick_Liquor_Inc__cobke-25-14811__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Morgan Nelson Knull
Bankr. D.D.C. Case No. 25-00305
Chapter 11 Petition filed July 31, 2025
represented by: Brett Weiss, Esq.
THE WEISS LAW GROUP, LLC
In re CME Fitness LLC
Bankr. M.D. Fla. Case No. 25-04821
Chapter 11 Petition filed July 31, 2025
See
https://www.pacermonitor.com/view/VQ2HOEY/CME_Fitness_LLC__flmbke-25-04821__0001.0.pdf?mcid=tGE4TAMA
represented by: Jeffrey S. Ainsworth, Esq.
BRANSONLAW, PLLC
E-mail: jeff@bransonlaw.com
In re Joshua B. Kantor
Bankr. M.D. Fla. Case No. 25-05400
Chapter 11 Petition filed July 31, 2025
represented by: Amy Mayer, Esq.
In re Mark Jason McLaren
Bankr. D. Kan. Case No. 25-10802
Chapter 11 Petition filed July 31, 2025
represented by: Ryan Blay, Esq.
In re Sergio E. Espinoza
Bankr. D.N.J. Case No. 25-18082
Chapter 11 Petition filed July 31, 2025
represented by: Melinda Middlebrooks, Esq.
MIDDLEBROOKS SHAPIRO, P.C.
E-mail: jshapiro@middlebrooksshapiro.com
In re Soo R. Kang and Jun S. Oh
Bankr. D.N.J. Case No. 25-18099
Chapter 11 Petition filed July 31, 2025
represented by: David Stevens, Esq.
In re Bedford Capital Lofts LLC
Bankr. E.D.N.Y. Case No. 25-43691
Chapter 11 Petition filed July 31, 2025
See
https://www.pacermonitor.com/view/VZLB5MI/Bedford_Capital_Lofts_LLC__nyebke-25-43691__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Raleg Marcy Group Inc
Bankr. E.D.N.Y. Case No. 25-43697
Chapter 11 Petition filed July 31, 2025
See
https://www.pacermonitor.com/view/2VOH7SA/Raleg_Marcy_Group_Inc__nyebke-25-43697__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Wes Clarkson 792 Holding Corp
Bankr. E.D.N.Y. Case No. 25-43690
Chapter 11 Petition filed July 31, 2025
See
https://www.pacermonitor.com/view/7XKQI2A/Wes_Clarkson_792_Holding_Corp__nyebke-25-43690__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Floriano Hartsdale LLC
Bankr. S.D.N.Y. Case No. 25-22718
Chapter 11 Petition filed July 31, 2025
See
https://www.pacermonitor.com/view/I5PDGUY/Floriano_Hartsdale_LLC__nysbke-25-22718__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Lynnhaven School, Inc.
Bankr. E.D. Va. Case No. 25-33044
Chapter 11 Petition filed July 31, 2025
See
https://www.pacermonitor.com/view/NCCQOFA/Lynnhaven_School_Inc__vaebke-25-33044__0001.0.pdf?mcid=tGE4TAMA
represented by: Lynn L. Tavenner, Esq.
TAVENNER & BERAN, PLC
E-mail: ltavenner@tb-lawfirm.com
In re John Kania Mitchell Vogel
Bankr. E.D. Va. Case No. 25-11560
Chapter 11 Petition filed July 31, 2025
represented by: Jillinda Glenn, Esq.
In re 1 World Globes & Maps, LLC
Bankr. W.D. Wash. Case No. 25-12145
Chapter 11 Petition filed July 31, 2025
See
https://www.pacermonitor.com/view/5NOPGFY/1_World_Globes__Maps_LLC__wawbke-25-12145__0001.0.pdf?mcid=tGE4TAMA
represented by: Jennifer L. Neeleman, Esq.
NEELEMAN LAW GROUP, P.C.
E-mail: courtmail@expresslaw.com
In re Brian Scott Dyer and Lara Owen Dyer
Bankr. N.D. Ala. Case No. 25-41021
Chapter 11 Petition filed August 1, 2025
See
https://www.pacermonitor.com/view/5IWX3CQ/Brian_Scott_Dyer_and_Lara_Owen__alnbke-25-41021__0001.0.pdf?mcid=tGE4TAMA
represented by: Stacy L. Upton, Esq.
LONG & UPTON, LLC
E-mail: suptonlaw@gmail.com
In re Marco Anthony Archer
Bankr. C.D. Cal. Case No. 25-15377
Chapter 11 Petition filed August 1, 2025
represented by: Leonard Pena, Esq.
In re Phora, LLC
Bankr. C.D. Cal. Case No. 25-15379
Chapter 11 Petition filed August 1, 2025
See
https://www.pacermonitor.com/view/S6GLCBQ/Phora_LLC__cacbke-25-15379__0001.0.pdf?mcid=tGE4TAMA
represented by: Leonard Pena, Esq.
PENA & SOMA, APC
Email: lpena@penalaw.com
In re LHW Construction and Development
Bankr. C.D. Cal. Case No. 25-11407
Chapter 11 Petition filed August 1, 2025
See
https://www.pacermonitor.com/view/HP2NKBY/LHW_Construction_and_Development__cacbke-25-11407__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Ivy Tran Pham Ngo
Bankr. D. Colo. Case No. 25-14867
Chapter 11 Petition filed August 1, 2025
represented by: David Wadsworth, Esq.
In re Archangel Disciplines LLC
Bankr. S.D. Fla. Case No. 25-18962
Chapter 11 Petition filed August 1, 2025
See
https://www.pacermonitor.com/view/6R5MQ5A/Archangel_Disciplines_LLC__flsbke-25-18962__0001.0.pdf?mcid=tGE4TAMA
represented by: Jesus Santiago, Esq.
JESUS SANTIAGO
E-mail: jesus@dasa.law
In re Michigan Health Clinics, P.C.
Bankr. E.D. Mich. Case No. 25-21028
Chapter 11 Petition filed August 1, 2025
See
https://www.pacermonitor.com/view/OXK6Z2Q/Michigan_Health_Clinics_PC__miebke-25-21028__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Chestnut Bay Equestrian, Inc.
Bankr. E.D.N.Y. Case No. 25-72960
Chapter 11 Petition filed August 1, 2025
See
https://www.pacermonitor.com/view/UASDZTY/Chestnut_Bay_Equestrian_Inc__nyebke-25-72960__0001.0.pdf?mcid=tGE4TAMA
represented by: Ronald D. Weiss, Esq.
RONALD D. WEISS, P.C.
E-mail: weiss@ny-bankruptcy.com
In re Vitaly Dreval
Bankr. E.D.N.Y. Case No. 25-43730
Chapter 11 Petition filed August 1, 2025
represented by: Alla Kachan, Esq.
In re Gerard Karlen
Bankr. S.D.N.Y. Case No. 25-22725
Chapter 11 Petition filed July 31, 2025
represented by: Narotam Rai, Esq.
In re Herbert Wayne Butterbaugh
Bankr. S.D. Ohio Case No. 25-11885
Chapter 11 Petition filed August 1, 2025
represented by: James Hausen, Esq.
In re Alexi C Matousek and Sarah B Matousek
Bankr. E.D. Wash. Case No. 25-01369
Chapter 11 Petition filed August 1, 2025
In re Clever Being, LLC
Bankr. W.D. Wash. Case No. 25-12154
Chapter 11 Petition filed August 1, 2025
See
https://www.pacermonitor.com/view/N72P44I/Clever_Being_LLC__wawbke-25-12154__0001.0.pdf?mcid=tGE4TAMA
represented by: Jennifer L. Neeleman, Esq.
NEELEMAN LAW GROUP, P.C.
E-mail: courtmail@expresslaw.com
In re Say It Visually, Inc.
Bankr. W.D. Wash. Case No. 25-12153
Chapter 11 Petition filed August 1, 2025
See
https://www.pacermonitor.com/view/NU5ZRMA/Say_It_Visually_Inc__wawbke-25-12153__0001.0.pdf?mcid=tGE4TAMA
represented by: Thomas D. Neeleman, Esq.
NEELEMAN LAW GROUP, P.C.
E-mail: courtmail@expresslaw.com
In re Let's Repair LLC
Bankr. W.D. Wash. Case No. 25-12150
Chapter 11 Petition filed August 1, 2025
See
https://www.pacermonitor.com/view/2OGV4BQ/Lets_Repair_LLC__wawbke-25-12150__0001.0.pdf?mcid=tGE4TAMA
represented by: Thomas D. Neeleman, Esq.
NEELEMAN LAW GROUP, P.C.
E-mail: courtmail@expresslaw.com
In re JAM Trucking, Inc.
Bankr. S.D. W.Va. Case No. 25-50061
Chapter 11 Petition filed August 1, 2025
See
https://www.pacermonitor.com/view/MDYWG4Q/JAM_Trucking_INC__wvsbke-25-50061__0001.0.pdf?mcid=tGE4TAMA
represented by: Brian R. Blickenstaff, Esq.
JOHNS & ASSOCIATES, PLLC
In re RCM Living Holdings LLC
Bankr. M.D. Fla. Case No. 25-05492
Chapter 11 Petition filed August 4, 2025
See
https://www.pacermonitor.com/view/U2ZNF6A/RCM_Living_Holdings_LLC__flmbke-25-05492__0001.0.pdf?mcid=tGE4TAMA
represented by: Megan W. Murray, Esq.
UNDERWOOD MURRAY, P.A.
E-mail: mmuray@underwoodmurray.com
In re 111 Halley Drive LLC
Bankr. S.D.N.Y. Case No. 25-22728
Chapter 11 Petition filed August 4, 2025
See
https://www.pacermonitor.com/view/ECTNFDA/111_Halley_Drive_LLC__nysbke-25-22728__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Santa Fe Specialty Foods, LLC
Bankr. N.D. Tex. Case No. 25-50214
Chapter 11 Petition filed August 4, 2025
See
https://www.pacermonitor.com/view/6U453HA/Santa_Fe_Specialty_Foods_LLC__txnbke-25-50214__0001.0.pdf?mcid=tGE4TAMA
represented by: David R. Langston, Esq.
MULLIN HOARD & BROWN, L.L.P.
E-mail: drl@mhba.com
In re Elite Fencing & Construction LLC
Bankr. S.D. Tex. Case No. 25-80358
Chapter 11 Petition filed August 4, 2025
See
https://www.pacermonitor.com/view/ZN54ADQ/Elite_Fencing__Construction_LLC__txsbke-25-80358__0001.0.pdf?mcid=tGE4TAMA
represented by: Ricardo Guerra, Esq.
GUERRA DAYS LAW GROUP, PLLC
E-mail: bankruptcy@guerradays.com
*********
Monday's edition of the TCR delivers a list of indicative prices
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